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Mayor and Council Meeting, 12/4/2001
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CITY OF GAITHERSBURG
MINUTES OF A REGULAR CITY COUNCIL MEETING
December 4, 2000
A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor
Katz presiding. Council members present: Alster, Davis, Marraffa, and Somerset.
Absent: Edens. Staff present: City Manager Humpton, Assistant City Manager Felton,
Public Works, Parks Maintenance and Engineering Director (PWPME) Arnoult, Traffic
Engineer/Assistant Director (PWPME) Mumpower, Parks, Recreation, and Culture
Director McGleish, Economic and Community Development Director Tomasello, Grants
Administrator Kauffmann, Planning and Code Administration Director Russel, Neighborhood
Services Director Ossont, Police Lieutenant Bonvillain, Environmental Specialist
Pfefferle, City Attorney M.G. Diamond, and Administrative Assistant Stokes.
Planning Commissioners present for joint public hearing: Chairman Schlichting,
and Commissioners Bauer, Keller, and Hicks.
I. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Pack 73, Den 3, Gaithersburg, Maryland.
II. INVOCATION
The invocation was delivered by The Reverend Joseph Clark, Church of the
Ascension, Gaithersburg, Maryland.
III. APPROVAL OF MINUTES
Motion was made by Council Member Marraffa, seconded by Council Member
Alster, that the minutes of a Mayor and Council meeting held November 6,
2000, be approved.
Vote: 4-0
Motion was made by Council Member Marraffa, seconded by Council Member
Somerset, that the minutes of a Mayor and Council meeting held November
20, 2000, be approved.
Vote: 4-0
IV. PRESENTATIONS
1. Presentation on First Night Montgomery
Parks, Recreation, and Culture Director McGleish stated Montgomery County
will hold it's alcohol-free New Year's Eve Celebration on December 31, 2000,
at the Montgomery County Fairgrounds with many attractions on site.
2. Malcolm King Park Improvements Planning Committee Recommendations
Parks, Recreation, and Culture Director McGleish stated a resolution was
adopted with charges on August 7, 2000 establishing the committee of 10 community
members and Council Liaison Alster. The committee was asked to reviewed the
City's Master Plan for Parks & Recreation, tour the park, agree on the
goal and purpose of the park, determine the location of the youth activity
center, and make recommendations on enhancements to the Park. Committee member
Staci Daddona presented the key recommendations and other considerations.
Mayor Katz thanked the committee and asked what the next steps were and questioned
funding for said recommendations.
Parks, Recreation, and Culture Director McGleish stated discussion items
have been placed on the Parks Maintenance recommendation list to address.
She stated all signage discussion items will be evaluated by the Signage Task
Force and reviewed for budget considerations. She also stated grant funding
is being looked into.
City Manager Humpton stated staff will review the recommendations and update
the City Council on the funds available in the Capital Improvements Budget.
Council Member Alster thanked the committee for their hard work and commitment.
Council Member Somerset asked what is being proposed for Brighton Weir culvert.
City Manager Humpton stated staff will give a presentation at a future meeting
with Environmental Specialist Pfefferle, Public Services Superintendent DeBord,
Public Works, Parks Maintenance and Engineering Director (PWPME) Arnoult on
what has been designed and future plans.
3. Certificates of Recognition
Mayor Katz presented certificates to the winners of the Olde Towne Community
Development Corporation "Celebrate Olde Towne" essay contest. The
two contest winners were: Laura Felley, an 8th grader who received a $100
bond from Potomac Valley Bank, and Elena Napolitano, a 1st grader who received
a $50 bond from Provident Bank.
4. Staff Presentation on Recommendations for Traffic Calming on Girard
Street
Mumpower gave a presentation to the City Council on the recommendations for
traffic calming on Girard Street. Citizens concerns are speed, pedestrian
safety, and difficulty accessing Girard Street from Victory Farms Drive during
peak traffic periods. He stated the City is currently using a combination
of education strategies and law enforcement to control speeds. Staff has determined
the best tools to address the concerns would be raised crosswalks or speed
bumps, and roundabouts. Mr. Mumpower used an aerial photo to show the areas
along Girard Street proposed for traffic calming. He stated the estimated
cost for the traffic calming devices would be about $20,000 to $25,000 for
the raised crosswalks, and $150,000 to $200,000 for the roundabout which staff
recommends the cost should be the responsibility of the developer of Hidden
Creek. He asked the City Council to weigh the overall reduction of speed of
vehicles versus the 6-10 seconds delayed response time for emergency fire
and rescue vehicles.
City Council stated support for the plan to slow down traffic, but had concerns
with other safety issues of limited sight distances, crossing guards, and
accessing Girard Street from various communities. Not all supported the roundabout
but concurred to discuss the traffic plan further after hearing from the Thoroughfare
Design Committee at the work session on Thoroughfare Design Standards and
Traffic Calming Program scheduled for December 11, 2000,
V. PUBLIC APPEARANCES
No speakers from the public.
VI. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS
Council Member Marraffa
Thanked staff on their efforts for the Winter Lights display at Seneca Creek
State Park. He gave a special thanks to Sue Palka at Fox Channel 5 and sponsors
of the event.
Council Member Somerset
- Announced upcoming events, noting the Fifth Annual Winter Lights display
at Seneca Creek State Park will be open on Fridays and Saturdays from 6
to 10 p.m. and Sundays through Thursdays from 6 to 9 :30 p.m. She stated
the display will remain open through the end of the year and proceeds will
benefit local charities.
- Stated she, Council Member Marraffa and Mayor Katz attended the Council
in the Communities meeting at Saybrooke. Residents had expressed concerns
on development and traffic in the area.
- Asked for the status of the noise issue in Amberfield. Assistant City
Manager Felton stated Planning and Code Administration Director Russel and
Neighborhood Services Director Ossont met with representatives from GIANT
and staff will update the City Council at the next meeting.
- Stated she and Mayor Katz attended the Tree Lighting Ceremony in Olde
Towne.
Council Member Alster
- Echoed Council Member Somerset, requesting an update on the noise issue
at Amberfield.
- Stated residents expressed concerns with the Board of Education initiating
a boundary study. He asked staff to contact the Board of Education asking
them to review and upgrade their process. City Manager Humpton stated the
process has been modified and will ask the Board to update the City.
Council Member Davis
- Encouraged all to visit the Winter Lights display.
- Announced vacancies on various Boards, Commissions, and Committees.
Mayor Katz
- Asked for a motion for an executive session following the December 4,
2000, Mayor and City Council meeting.
Motion was made by Council Member Davis, seconded by Council Member Alster,
to hold an executive session December 4, 2000, to discuss a "legal"
matter.
Vote: 4-0
City Manager Humpton stated that the meeting was posted according to State
law.
- Congratulated the Gaithersburg High School Football and Cross Country
teams on becoming the Maryland State 4A Championship.
- Announced a work session will be held on Monday, December 11, 2000, on
the Thoroughfare Design Standards and Traffic Calming Program.
- Reported he read that County Executive Duncan is asking Metro to run all
trains on the Red Line to Shady Grove rather then have half the trains stop
at Grosvenor and not come all the way through. Received Council's approval
to directed staff to send a thank you letter to Metro and a copy to the
County Executive.
VII. FROM THE CITY MANAGER
Mentioned he attended NIST's commencement of a year long celebration for
their centennial. He stated he received a commemorative video on their accomplishments
which the City will air on the City's cable channel.
VIII. PUBLIC HEARINGS
1. Joint - T-346 - Ordinance to Amend Chapter 24 of the City Code
(City Zoning Ordinance), Article VIII, Entitled "Amendment Procedure,
" §24-198 Thereof Entitled, "Optional Method of Application
for Local Map Amendments," to Provide for City Council Review of Certain
Non-Use Changes to Approved Schematic Development Plans
Planning and Code Administration Director Russel stated the public hearing
has been advertised on November 15 and 22, 2000, in the Gaithersburg Gazette,
and five exhibits are presently in the record file. She stated the text amendment
was drafted in response to concerns raised by the City Council relative to
changes to the Schematic Development Plans that are not currently subject
to review by the Mayor and City Council. She stated the Zoning Ordinance presently
addresses reviewing SDP's only if a change in use is involved, and if there
is no change in use involved. She stated new text adds a procedure for changes
other than to use and established criteria related to height, conservation
areas, building orientation, increase in floor area or number of units to
determine if the Planning Commission should further evaluate, hold a public
hearing and submit recommendations to the City Council on the application.
She stated the City Council is not required to hold a public hearing. In conclusion,
she stated that tonight's public hearing is focused on amending the plan after
the City Council has taken action to approve the SDP and the developer is
ready to begin development, but circumstances require amending. She stated
staff recommends that the Planning Commission and City Council hold their
records open indefinitely.
Speakers from the public:
David Kaysen, 1086 West Side Drive, applauded the changes in the ordinance,
but recommends the modifications go further to ensure the application meet
the requirements of the Neighborhood Master Plan in order to protect surrounding
communities.
There were no other speakers at the hearing.
Planning Commission Chairman Schlichting asked for a description and clarification
of subsections (a) and (b) of the ordinance. Planning and Code Administration
Director Russel stated (a) and (b) are two other instances describing how
a SDP is amended after City Council approval. He questioned delaying development
on non-controversial issues. He further suggested a work session to come up
with a more expeditious process that had the option of going back to City
Council.
Council Member Marraffa, expressed support for the Planning Commission to
make decisions on small changes without having the SDP come back to the City
Council.
Council Member Somerset, expressed support for changes to come back to the
City Council when communities have concerns. She stated, an addition of one
story to a building may not be a big deal to a developer, but may effect a
community.
All concurred that a work session be scheduled in late January to discuss
the development process.
Motion was made by Commission Keller, seconded by Commissioner Bauer, that
the City Council record on T-346, be held open indefinitely.
Vote: 4-0
Motion was made by Council Member Marraffa, seconded by Council Member Davis,
that the City Council record on T-346, be held open indefinitely.
Vote: 4-0
2. Environmental Standards Regulations for the City of Gaithersburg
Environmental Specialists Pfefferle stated the Environmental Standards were
introduced at the November 6, 2000, Mayor and City Council meeting. He stated
the public hearing has been advertised on November 15, 2000, in the Gaithersburg
Gazette. He stated there are currently four exhibits in the record file. He
stated no changes have been made to the Environmental Standards adopted by
the Planning Commission since 1995. In 1998, outside consultants reviewed
the City's existing environmental standards for development and recommended
that the standards be written as a regulation which would be more easily enforced
by law. He stated the proposed standards are now written as a regulation using
ordinance language, requiring approval by the Mayor and City Council, identifies
who is responsible for compliance, states how waivers are granted, consistent
language with Montgomery County, and defines the City's role in reviewing
Natural Resource Inventory (NRI) submissions, site plans, and wildlife management
plans. He also stated, the Environmental Affairs Committee has reviewed and
provided guidance on issues relating to the proposal. The standards consist
of four Articles: In General, Natural Resource Requirements, Standards for
Development, and Implementation. He noted the major change to the Natural
Resource Inventory section is the proposed regulations requiring that inventory
is submitted to the City at least 30 days prior to the submittal of concept,
site or schematic development plans. He reviewed the six major changes to
the standards for development, which are: stream valley protection, wetland
buffers, wildlife management, highly erodible soils, waivers and headwaters.
In conclusion, he summarized the major changes which are: regulations versus
guidelines, consistency with Montgomery County, clearly identified uses with
stream buffer, buffer compensation when disturbances occur, 50 foot wetland
buffer versus 25 feet, waiver approval by the Planning Commission, and protection
of headwaters. He stated staff recommends the City Council hold their record
open for 30 days. He also stated copies of the proposed Environmental Standards
Regulations are available at City Hall.
Mayor Katz asked if the regulations would allow for a boardwalk trail through
the wetlands and marsh land at Malcolm King Park. Mr. Pfefferle stated the
regulations would allow the City to construct a boardwalk.
Council Member Marraffa questioned grandfather clauses in the proposed regulations
for a buffer that is extended on existing property that was properly zoned.
Mr. Pfefferle stated the proposed regulations would not effect existing development.
He also expressed concern with the Planning Commission voting on sensitive
area waivers and possibly holding up a project.
Council Member Somerset questioned the 25 versus 50 feet for flood plains.
Mr. Pfefferle stated wetland and stream valley buffers are not the same as
flood plains and the plains can vary depending upon the watershed in the area.
He also stated the proposed regulation gives the City flexibility to deal
with flooding incidents. Council Member Somerset questioned the listing of
Natural Resource Inventory by developers. Mr. Pfefferle stated it would be
his job to go to the site and verify the information on the Natural Resource
Inventory submitted by the developer.
Speakers from the public:
David Kaysen, 1086 West Side Drive, supports the efforts of the regulation,
but stated additional requirements for wetland and underdeveloped land needed
to be incorporated. He asked the City to limit WSSC intrusions. He also asked
that it be required that disturbed land be returned to its original condition.
Dusty Rood, Rodgers and Associates, asked for the waiver provisions
to be flexible. He stated whenever mitigation is called for, he asked that
the City to take a basin wide approach. He asked for clarification of headwaters.
There were no other speakers at the hearing.
Mayor Katz stated a possible work session would be determined after 30 days.
Motion was made by Council Member Alster, seconded by Council Member Davis,
that the City Council record on the ENVIRONMENTAL STANDARDS REGULATIONS
FOR THE CITY OF GAITHERSBURG, be held open for 30 days.
Vote: 4-0
IX. ORDINANCES AND RESOLUTIONS
1. Resolution Awarding Matching Grants to Amberfield Homeowners Association
This resolution awards a grant to Amberfield Homeowners Association, for
neighborhood improvements, in the amount of Five Thousand Dollars ($5,000);
said funds to be expended from the Capital Improvements Budget.
Motion was made by Council Member Marraffa, seconded by Council Member
Somerset, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AWARDING A MATCHING
GRANT TO AMBERFIELD HOMEOWNERS ASSOCIATION FOR NEIGHBORHOOD IMPROVEMENTS
(Resolution No. R-94-00) be approved.
Vote: 4-0
2. Introduction of an Ordinance to Repeal and Reenact With Amendments,
Chapter 17AA of the City Code Entitled, "Property Maintenance"
Neighborhood Services Director Ossont stated the City is currently using
a 1996 version of the BOCA International Property Maintenance Code and the
amendments would update the Code to the year 2000. He stated a public hearing
for this ordinance is scheduled for December 18, 2000.
Council Member Somerset asked that the section on battery back-up for smoke
detectors be addressed. Assistant City Manager Felton stated the amendments
on smoke detectors are proposed in Chapter 11 of the Code, and staff will
ensure that the language in Chapter 17AA is consistent with Chapter 11.
Motion was made by Council Member Davis, seconded by Council Member Alster,
that an ORDINANCE TO REPEAL AND REENACT WITH AMENDMENTS, CHAPTER 17AA OF
THE CITY CODE ENTITLED, "PROPERTY MAINTENANCE," AND ADOPT BY REFERENCE,
WITH CERTAIN MODIFICATIONS, THE BOCA INTERNATIONAL PROPERTY MAINTENANCE
CODE 2000, be introduced.
Vote: 4-0
X. FROM THE ASSISTANT CITY MANAGER, CITY ATTORNEY, AND OTHER STAFF
City Attorney Diamond
In fun, stated it is about 75° to 80° in Maui where City Attorney
Abrams is vacationing.
XI. ADJOURNMENT
There being no further business to come before this session of the City Council,
the meeting was duly adjourned at 9:05 p.m.
Respectfully submitted,
Doris Stokes ----
Administrative Assistant
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