Mayor and Council Meeting, 7/16/2001

A meeting of the Mayor and City Council was called to order at 7:30 p.m., Council Vice President Davis presiding. Council Members present: Alster, Edens, Marraffa, and Somerset. Absent: Mayor Katz. Staff present:: City Manager Humpton, Assistant City Managers Felton and Tomasello, Finance and Administration Director Belton, Public Works, Parks, Maintenance and Engineering Director (PWPME) Arnoult, Traffic Engineer/Assistant Director of Public Works Mumpower, Projects Coordinator Appenzellar, Police Chief Viverette, Planning and Code Administration Director Russel, Urban Design Director Soter, Planner Schwarz, Planner DePoe, Planning Analyst Patula, Public Information Director Smith, Grants Coordinator Kauffmann, City Manager's Office Intern Faust, City Attorney Abrams, and Administrative Assistant Stokes. Planning Commissioners present for joint public hearing: Schlichting, Bauer and Hicks.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Cindy Hines, Olde Towne Coordinator for the City of Gaithersburg.

INVOCATION

In lieu of an invocation, Council Vice President Davis called for a moment of silence.

APPROVAL OF MINUTES

Motion was made by Council Member Marraffa, seconded by Council Member Somerset, that the minutes of a Mayor and Council meeting held June 18, 2001, be approved.

Vote: 5-0

Motion was made by Council Member Marraffa, seconded by Council Member Alster, that the minutes of a Mayor and Council meeting held July 2, 2001, be approved.

Vote: 4-0-1 (Abstained: Edens)

APPOINTMENTS

Resolution Confirming Reappointments to Various Committees

This resolution reappointed members to the following committees: Animal Control Board - Robert Moore, 7 Montgomery Avenue, Gaithersburg, MD 20877, three year term; Art in Public Places Committee - Kevin Crown, 12500 Fair Lakes Circle, Fairfax, VA 22033, Nora Caplan, 102 Booth Street, #16, Gaithersburg, MD 20878, and Howard Cohen, 9449 Hickory View Place, Montgomery Village, MD 20886, two year terms; Commission on Landlord-Tenant Affairs - Jean Noah, 205 North Frederick Avenue, #200, Gaithersburg, MD 20877, three year term; Education Committee - Eileen Shea, 209 West Deer Park Road, Gaithersburg, MD 20877, Mike Bucci, 114 Woodland Road, Gaithersburg, MD 20877, and Ellie Eldredge, 3 Thorburn Place, Gaithersburg, MD 20878, three year terms; Gaithersburg Senior Council - Josephina Taylor, 7620 Creekstone Court, Gaithersburg, MD 20877, two year term; Gaithersburg/Washington Grove Fire Department - Richard Knoebel, 202 Rolling Road, and Carroll Kearns, 406 Gaither Street, Gaithersburg, MD 20877, one year terms; Multicultural Affairs Committee - Prabhavathi Pippalla, 86 West Deer Park Road, #203, Gaithersburg, MD 20877, two year term; Police Chief's Advisory Council - James Stevens, 344 Alfandre Street, Gaithersburg, MD 20878 and L. Lee Manuel, 230 Rolling Road, Gaithersburg, MD 20877, two year terms; and the Technology & Innovations Committee - Richard Martinez, NIH General Medical Services, Bethesda, MD 20892, Martin Horan, 800 North Frederick Avenue, Gaithersburg, MD 20879, and Philip Somerset, 2 Dearden Place, Gaithersburg, MD 20878, three year terms.

Motion was made by Council Member Edens, seconded by Council Member Alster, that a RESOLUTION OF THE CITY COUNCIL CONFIRMING REAPPOINTMENTS OF THE MAYOR TO THE ANIMAL CONTROL BOARD, ART IN PUBLIC PLACES COMMITTEE, COMMISSION ON LANDLORD-TENANT AFFAIRS, EDUCATION COMMITTEE, GAITHERSBURG SENIOR COUNCIL, GAITHERSBURG/WASHINGTON GROVE FIRE DEPARTMENT, MULTICULTURAL AFFAIRS COMMITTEE, POLICE CHIEF'S ADVISORY COUNCIL, AND TECHNOLOGY & INNOVATIONS COMMITTEE (Resolution No. R-67-01) be approved.

Vote: 5-0

CONSENT ITEMS

1. Resolution of the Mayor and City Council Authorizing the City Manager to Purchase a Facade Easement from J & J Development Corporation for 10/12 Park Avenue
   
   This resolution authorized the City Manager to purchase a ten-year facade easement from J & J Development Corporation, 9951 Foxborough Circle, Rockville, Maryland 20850, in the amount of Twenty-Nine Thousand Four Hundred Eighteen Dollars ($29,418); said funds to be expended from the Capital Improvements Budget.
   
   
2. Resolution of the Mayor and City Council Concurring in the Classification of the West Diamond Avenue Extension (Maryland Route 117) as an Urban Minor Arterial
   
   The extension of West Diamond and the connection with East Cedar Avenue has been a top recommendation of the Olde Towne Blueprint. The State Highway Administration (SHA) has agreed to design and construct the project with the understanding that the City would provide the right-of-way. The classification is consistent with the City's 1997 Master Plan and other roadways such as Perry Parkway, which is also an urban minor arterial.
   

Motion was made by Council Member Alster, seconded by Council Member Somerset, that Consent Item Agenda (Resolution Nos. R-68-01 and R-69-01) be approved.

Vote: 5-0

PRESENTATIONS

1. Certificate of Recognition
   
   Council Vice President Davis presented the above certificate to Captain Scott Meredith, United States Marine Corps for his ongoing support to the City Memorial Day Observances and Veterans Day Ceremonies.
   
   
2. Presentation
   
   Finance and Administration Director Belton announced that the City received the GFOA Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2000. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. He stated the City has received the award for twenty-three consecutive years.
   
   
3. Courtesy Review - CSP-01-002, Rashidian Estates, Single Family Subdivision and Commercial Rezoning
   
   GIS Planner Eby gave a brief presentation showing two conceptual plans. He stated the proposed subdivision of 100 Central Avenue is part of an annexation that took place on August 30, 2001. The property consists of approximately 4.5 acres of land, which will be subdivided into four or five residential lots on the northwest half of the property and rezoned from R-90 to CD on the southeastern half. He stated that as part of the annexation agreement, no grading or disturbance is allowed within the 100-foot stream valley buffer, greatly reducing the area for development, as the buffer occupies about 2.5 acres of the 4.5 acre total property area.
   
   One plan retains the existing house and one does not. The total number of new houses to be constructed is four in both plans, which is below the annexation agreement's limit of six residential units total. He stated the proposed CD section will be used as additional parking for the Macroland business along South Frederick Avenue. In conclusion, he asked for guidance from the Council as to which scenario the City should lean towards.
   
   City Council Members expressed concern with the environmental issues on the site and parking on the streets.
   
   PWPME Arnoult stated there is concern with the placement of the road, the turn-around area, snow removal and the overall number of houses. He stated from an environmental standpoint, the impact is about the same.
   
   The City Council concurred that everything possible should be done to protect the stream and the buffer area. They questioned if there was a necessity to save the house, stating that to save the house would create a larger problem. The City Council directed staff to move forward with the removal of the house, but protect the buffer areas.
   
   
4. SDP-00-005 - Application Request and Amendment to SDP-7-1 Kentlands Midtown, Phase 2, Section 4, 30 Condominium Units and 10,000 Square Feet of Retail Space on Chevy Chase Street and Buckfield Road
   
   Council Member Edens updated the Council on the concerns raised with parking, density, and buffers at past meetings. She stated Bozzuto investigated other alternatives of the plan to address concerns. She and Neighborhood Services Director Ossont met with residents to present the idea of the current proposed plan with 15 piggyback townhouse style condominiums, with a total of 30 units. The retail and office had been deleted from the plan and the required parking is completely on the site. Council Member Edens expressed support with the revisions of the plan. She stated the letter from Bozzuto lists in detail the improvements for the area.
   
   Chuck Covell, The Bozzuto Group, stated the new plan eliminates potential footprints to provide additional buffer space with fencing and landscaping. Also, additional entrance features have been pushed back to create a visual of a residential area that is not to be impacted by commercial parking. He stated the proposed plan maintains a high quality of architecture and enhances the landscaping and entryways into the neighborhood. He asked for feedback from the Mayor and City Council before this plan moves forward through the process.
   
   Council Vice President Davis asked for the public to comment during public appearances and for the City Council to give their comments during from the Mayor and City Council. He stated the Planning Commission will give their recommendations in the near future.
   
   

FROM THE CITY MANAGER

Update on the Washingtonian Center Annexation Agreement/Traffic Study

City Manager asked Traffic Engineer/Assistant Director of Public Works Mumpower to come to the podium to address any questions the Council may have. He stated a number of questions were raised at the July 9, 2001 work session on SDP-01-003 concerning the Annexation Agreement, traffic studies, amenities provided by the developer, and the amount of development completed to date. He addressed the issues in a memorandum which was included in the Mayor and City Council packages. He stated there were three agreements: the original annexation agreement dated July 9, 1991; the amendment to the annexation dated January 10, 1992; and the addendum No. 1 to the annexation agreement dated February 26, 1998. He reviewed the key provisions in the original Washingtonian Center Annexation Agreement. He stated the City and the developers executed a minor amendment which was very limited in scope and only pertained to the expansion of the amusement center known as Sportland of Maryland, Inc. to grow to 50,000 square feet. He stated the major change to the development happened with the addendum in 1998. The primary purpose of this addendum was to get the mixed use development on the south side of Sam Eig Highway which would bring it into conformance with the land use limitations imposed by the adopted Master Plan for Neighborhood 3. He stated the debate at that time was the modification from a trumpet interchange to a diamond interchange.

Traffic Engineer/Assistant Director of Public Works Mumpower stated that there were three traffic studies done (Traffic Impact Study-Washingtonian Center, State Study for Interstate Access Approval, and Manugistics Traffic Study) from August 1996 to August 1998. He stated when the developer revised their development program and requested that the interchange design be modified from the trumpet style to a diamond interchange, the State, County, and the City required traffic studies to be done to show that the diamond interchange could accommodate the proposed traffic.

City Manager Humpton stated that several amenities were provided by the developer which included: the purchase of park land from MNCPPC, monies for the Gaithersburg Transit Fund, SWM improvements to Breighton Weir, improvements to Malcolm King Park, art in public places, and improvement to the Crown Farm paths. He added that the developers of the Washingtonian Center has continued to participate in the Road Club Agreement wherein dollars are funneled to the County for road improvements as building permits are issued to the City. He the updated the City Council on current and future development at the Washingtonian Center under the Annexation Agreement. He stated the developer is not required to conduct any further off-site traffic improvements under the current Annexation Agreement. He stated staff is comfortable with the traffic improvements that have already been made. In conclusion, he stated Peterson Companies has indicated that they will come forward with a proposal to change the land use for a portion of the site from previously approved office to residential. Depending on the number of units proposed, the City should consider requiring the developer to study the impact on area traffic, if needed. He stated the change from office to residential may require further amendments to the Annexation Agreement. He stated staff met with a number of citizens and will responded to their questions and concerns after hearing back from County representatives. City Manager Humpton stated the developer is committed to fulfilling their responsibilities in the Agreement.

Council Member Somerset questioned if the City can require the developer to do additional traffic studies? She also questioned the discussion of future land use changes? City Manager Humpton replied yes to the requirement of traffic studies, but stated that the county will continue to monitor areas in Gaithersburg and make traffic improvements along the various roadways. In response to the land use change, he stated the change in land use is in the future, but the developer wanted to make the City Council aware of it.

Council Member Somerset expressed concern with past approvals continuing to roll at the maximum point of range that is specified. Stating that every range permitted for a development/project does not have to be approved when it comes before the City Council.

Other City Council Members stated that this plan has gone through a planning process over the past two years with multiple public meetings and studies to make this mixed-use plan work and minimize the impact in every way possible. Stating that several members on the City Council and staff are very proud of the plan and what is before the Council tonight is an implementation step of what has been studied and approved over two years ago.

Council Member Somerset stated that she attended most of those meeting and the community never wanted this density in this development. She stated the City should find a way to reconcile these problems that have our communities concerned. Stated that many of the major intersections have not evolved the way the City Council anticipated, stating there have been accident after accident.

Several Council Members stated they have not experienced the impact of traffic problems at the Washingtonian Center during visitations of the area. Adding that there are traffic problems in other areas of Gaithersburg, but that the Council has to rely on the expertise of our staff and the experts in the field to advise the Council on what the projected impact of any given development or project that is coming before them.

Council Vice President Davis concluded discussions by stating that this Annexation Agreement is a contract and that the City Council should look to possibly include different language for future annexation agreements.

PUBLIC APPEARANCES

1. Austin Decker, City resident, submitted a list and displayed a map showing fatalities and serious injuries resulting from traffic accidents. He expressed safety concerns with Sam Eig and Great Seneca Highway. Mr. Decker asked the City's Police Department to begin tracking accidents causing death and hospitalization and forward that information to the Mayor and City Council and Planning Commission on a quarterly basis.
   
   
2. David Kaysen, 1086 West Side Drive, referred to the resolution on the agenda authorizing the grant of a right of way through Malcolm King Park to WSSC. He asked that the City ensure that WSSC properly grade the disturbed area. He referred to an item before the Planning Commission to put an office building in the Washingtonian North area. He expressed concern with the Planning Commission not seeing the importance of having a quorum and the voting on topics.
   
   
3. Rick Marvin, 223 Little Quarry Road, referred to the Washingtonian traffic study. He expressed concern with the proper land use for the Manugistics study, stating the information is still pending from the County. He also expressed concern that the Diamond Interchange had not been built as designed. He referred to the Annexation Agreement, stating that it does not conflict with the Master Plan, but asked the City Council to consider what is going to be done with the Master Plan and how the Washingtonian Development is going to be included.
   
   
4. Mark Hackman, 64 Appleseed Lane, stated he attended the Washingtonian meeting. He pointed out material flaws in the traffic study done for the Washingtonian Development. He stated there were errors done by the State, County, and City. Mr. Hackman stated he had submitted in writing concerns with the traffic study both to the Mayor and City Council and Planning Commission.
   
   
5. Larry Seeger, 1015 Bayridge Terrace, President of Fernshire Farms Homeowners Association, referred to the proposed parking ordinance and asked the City to consider removing the language on light trucks to avoid conflict between the association and the City. He stated many residents use the streets for parking their smaller commercial vehicles.
   

Assistant City Manager Felton stated staff is investigating the matter and will keep the record open until August 6, 2001 when resident concerns can be addressed under Policy Discussion.

FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

Council Member Edens

1. Announced the Mayor and City Council will tour the site of the proposed Parklands Development for the purposes of viewing the property and orienting themselves with the site. She stated that the public will not be permitted to participate in this tour.
   
   
2. She expressed support for the SDP-00-005, Kentlands Midtown plan to go forward through the public process.
   
   

Council Member Alster

1. Announced the Mayor and City Council will not conduct work sessions on Monday, June 23 and June 30, 2001.
   
   
2. Supports going forward with the SDP-00-005, Kentlands Midtown development. Expressed concern with making the separation between commercial and residential use.
   
   
3. Asked staff to investigate left turns on major intersections in the City and determine where the accidents are occurring and make a recommendation to the State to install controlled left arrows.
   
   
4. Asked staff to update and give feedback to the City Council at a future meeting the usage of the Olde Towne Parking Garage at various times of the day.
   
   
5. Referred to a letter recently sent to HOAs offering to add their names to the City's subscription mailing list for minutes and agendas. Asked if staff can look into offering email and fax to expedite the information getting to individuals.
   
   

Council Member Somerset

1. Referred to a letter to the editor of the Washington Post commenting on O'Donnell's Restaurant honoring diversity and respecting everyone in the community. She stated they were one of the very first restaurants to admit African Americans.
   
   
2. Thanked staff for the recent beautification of Muddy Branch Road.
   
   
3. Stated Shady Grove Village residents are interested in knowing what the boundary lines are for the Boston Property site and the pathways in the park. Asked for markings to be placed so residents can see where private property begins and ends.
   
   
4. Expressed support for the revisions on SDP-00-005, Kentlands Midtown development.
   
   

Council Member Marraffa

1. Announced the City will participate in the Rabies Clinic on Sunday, July 22 from 10 to 11:30 a.m. at the Montgomery County Animal Shelter located at 14645 Rothgeb Drive in Rockville. He reminded residents that rabies vaccination and a City license is required by law for each domestic pet.
   
   
2. Complimented staff and others involved for their efforts with the July 4th celebration.
   
   
3. He attended the Annual July 4th Parade at Quince Orchard Park.
   
   
4. Stated he attended the Council in the Communities meeting with Montgomery Meadows. Complimented staff on working with the community.
   
   
5. Stated he attended the Chamber of Commerce luncheon for small businesses. He noted Finance and Administration Belton gave a brief presentation on how to do business with the City. He stated the luncheon was well attended.
   
   
6. Expressed support for the Kentlands Midtown development, SDP-00-005.
   
   

Council Member Davis

Expressed support for SDP-00-005 development with the revisions and directed staff to move forward.

PUBLIC HEARING

JOINT - Z-275(C) - Application Requests Approval of an Amendment to Sketch Plan, Known as Quince Orchard Park Development in Gaithersburg, Maryland. The Plan Proposes to Transfer 355,000 Square Feet of Future Development From the Meadows Section to the Ridges Section of the Quince Orchard Park Development. Both the Meadows and the Ridges Sections are Located North of Great Seneca Highway and South of Orchard Ridge Drive in the Mixed Use Development (MXD) Zone

Urban Design Director (UDD) Soter clarified for the record that the application number is Z-275 C not (B). He stated the above joint public hearing was advertised in the Gaithersburg Gazette on July 4 and 11, 2001 and the property posted accordingly. He stated there are eight exhibits in the record file and oriented the Council and Planning Commission with the site pointing out the Meadows portion and the Ridges section. He stated the applicant is proposing a transfer of 355,000 square feet of future development from the Meadows into the Ridges to facilitate the future phases of the Medimunne development. He stated the SDP for Phase I of the development was approved for 210,000 square feet to the south of the Ridges section where an existing three-story 105,000 square feet office building has been approved. He stated an additional 750,000 square feet for the Medimunne Campus is needed and the proposal would remove that from the Meadows into the Ridges.

Chris Chambers, Quandrangle Development stated the shifting of density would accommodate the ultimate build out of Medimunne which has currently been approved at the SDP level and is being reviewed for final site plan. He stated the shift would move the development further away from residential communities.

Speaker from the public:

Rick Marvin, 223 Little Quarry Road, questioned the transfer of the density on the Medimunne site and asked if it would permanently reduce the density in the Meadows.

There were no other speakers at this hearing.

UDD Sorter suggested the Council and Planning Commission discuss potential opportunities to look at the transit station and work with the MTA for a better location for the transit station on the site as the City goes through the process of transferring the density from the Meadows. He stated that what is left of the Meadows should be weighed to ensure that the density is compatible with the surrounding land use so that increasing the density in the future should not be precluded.

City Council Members questioned the shifting of density and increasing the density in an area and future development.

UDD Soter stated that in order to increase the density in an area, it would have to go through an amendment of the sketch plan and the annexation agreement. He stated the two underdeveloped parcels are the Vista and the Meadows portions.

Motion was made by Commissioner Bauer, seconded by Commissioner Hicks, that the Planning Commission record on Z-275(C), be held open indefinitely.

Vote: 3-0

Motion was made by Council Member Marraffa, seconded by Council Member Somerset, that the City Council record on Z-275(C), be held open indefinitely.

Vote: 5-0

ORDINANCES AND RESOLUTIONS

1. Introduction of an Ordinance to Repeal and Reenact with Amendments Chapter 8, Entitled "Erosion and Sediment Control and Stormwater Management"
   
   PWPME Director Arnoult stated the above ordinance is being introduced for public hearing on August 6, 2001. He stated the Maryland Department of the Environment recently adopted new regulations for stormwater management. The City is required to adapt the regulations to our needs and then adopt a new ordinance that conforms with the new State regulations. In conclusion, the text of the ordinance will be on the City's website www.gaithersburgmd.gov for viewing and developers, engineers, and attorneys will be notified of the public hearing.
   
   

   Motion was made by Council Member Edens, seconded by Council Member Alster, that AN ORDINANCE TO REPEAL AND REENACT WITH AMENDMENTS CHAPTER 8, ENTITLED "EROSION AND SEDIMENT CONTROL AND STORMWATER MANAGEMENT" TO CONFORM WITH REQUIREMENTS OF STATE LAW AND REGULATIONS, be introduced.
   
   Vote: 5-0
   
   
   

2. Resolution Approving the Designation of a Community Legacy Area and Application and Receipt of Financing for a Community Legacy Project in Gaithersburg, Maryland
   
   Grants Coordinator Kauffmann stated Mayor Katz testified before the General Assembly last year. She announced the Assembly passed Senate Bill 202/HB 301 creating the Community Legacy Program with a $10 million budget for fiscal year 2002. She noted the City is considered a priority funding area in need of reinvestment and revitalization in their communities and approval of the above resolution by the Mayor and City Council is a requirement of the grant proposal. Successful applicants for the above would be notified in September 2001. The following projects have been included in the grant proposal: accessibility into Olde Towne via North Summit and East Diamond Avenue and improvements to the Brookes, Russel, Walker Historic District; and the partnering with the Museum Consortium for various operating and capital expenses. She stated the proposal had been presented to the Economic Development Committee, Olde Towne Advisory Committee, and the Merchants and Professional Association.
   
   

   Motion was made by Council Member Somerset, seconded by Council Member Alster, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL APPROVING THE DESIGNATION OF A COMMUNITY LEGACY AREA AND APPLICATION AND RECEIPT OF FINANCING FOR A COMMUNITY LEGACY PROJECT IN GAITHERSBURG, MARYLAND TO BE FINANCED EITHER DIRECTLY BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OF THE STATE OF MARYLAND OR THROUGH OTHER DEPARTMENTS OR AGENCIES OF THE STATE OF MARYLAND (Resolution No. R-70-01) be approved.
   
   Vote: 5-0
   
   

3. Resolution for Architectural/Engineering Design and Construction Administration Services for the Lakelands Park Project
   
   Projects Coordinator Appenzellar stated a request for proposal for Architectural/Engineering Services for the Lakelands Park was advertised in October 2000, and proposals were received in November 2000, and reviewed by the Qualification and Selection Committee. The final contract fee negotiations were placed on hold pending the outcome of the negotiations with Montgomery County Public Schools. This resolution authorizes the City Manager to award a contract to the joint venture of William F. Kirwin, Inc. and EBA Engineering, Inc. 28 East Susquehanna Avenue, Baltimore, Maryland 21286, in the amount of One Hundred Eighty-Eight Thousand, Seven Hundred Thirty-Three Dollars ($188,733); said funds to be expended from the Lakelands Park Capital Improvement Project, 98-3 (077).
   
   

   Motion was made by Council Member Alster, seconded by Council Member Marraffa, that a RESOLUTION OF MAYOR AND COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ARCHITECTURAL/ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE LAKELANDS PARK PROJECT (Resolution No. R-71-01) be approved.
   
   Vote: 5-0
   
   
   

4. Resolution to Grant a Right of Way in Malcolm King Park to Washington Suburban Sanitary Commission (WSSC) for a Sewer Line Extension to Serve Washingtonian Center Part 5B
   
   PWPME Director Arnoult oriented the Council with the site in question. WSSC has requested a right of way easement from the City for the construction and maintenance of a sanitary sewer line to serve the proposed Washington Center Development (Boston Properties). He stated staff has had several on-site meetings with the developer's engineer to review the plans and specifications, inspect the proposed alignment and to minimize the impact on existing trees. The proposed sewer extension would connect the development with the existing sewer line in Malcolm King Park. Staff has asked that a certified arborist supervise certain elements of the work. This resolution authorizes the City Manager to grant the requested right of way and construction strips to WSSC.
   
   Council Member Alster asked staff to oversee the stripping and the proper grading of the area. He requested the construction be done in a timely manner and the park returned looking undisturbed. He also asked for the posting of signs to alert residents of the construction.
   
   

   Motion was made by Council Member Alster, seconded by Council Member Somerset, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO GRANT A RIGHT OF WAY IN MALCOLM KING PARK TO WSSC FOR A SEWER LINE EXTENSION TO SERVE WASHINGTONIAN CENTER PART 5B (Resolution No. R-72-01) be approved.
   
   Vote: 5-0
   
   

5. Resolution to Reject All Bids for the Demolition of the Building at 6 East Cedar Avenue and to Re-advertise the Project for Further Bids
   
   City Manager Humpton stated the contract for demolition of the above building was advertised for bid in the Gaithersburg Gazette on May 23, 2001, and bids were opened on June 26, 2001. At a recent Mayor and City Council, concerns were raised that the low bid received was somewhat higher than necessary. This resolution authorizes the City Manager to reject all bids and re-advertise the project for re-bidding.
   
   

   Motion was made by Council Member Marraffa, seconded by Council Member Somerset, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO REJECT ALL BIDS FOR THE DEMOLITION OF THE BUILDING AT 6 EAST CEDAR AVENUE AND TO RE-ADVERTISE THE PROJECT FOR FURTHER BIDS (Resolution No. R-73-01) be approved.
   
   Vote: 5-0
   
   

6. Resolution of the Mayor and City Council Awarding Matching Grants to Various Communities for Neighborhood Improvements ($15,000)
   
   This resolution authorizes the City Manager to award grants to the Gateway Commons, The Woods at Muddy Branch and Shady Grove Village I communities. Assistant City Manager Felton stated the Gateway Commons and The Woods at Muddy Branch will use their grants in the amount of Five Thousand Dollars ($5,000) each for landscaping improvements. Shady Grove Village I will use their grant in the amount of Five Thousand Dollars ($5,000), for lighting, fencing, and landscaping. Funds for all three grants total in the amount of Fifteen Thousand Dollars ($15,000); 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 MATCHING GRANTS TO VARIOUS COMMUNITIES FOR NEIGHBORHOOD IMPROVEMENTS (Resolution No. R-74-01) be approved.
   
   Vote: 5-0
   
   

POLICY DISCUSSION AND STAFF GUIDANCE

Regulation to Establish Outdoor Lighting Standards for the City of Gaithersburg

City Manager's Office Intern Faust stated at the July 2, 2001 public hearing, the Mayor and City Council requested a number of modifications be made to the above regulation. Staff has proposed the following: include parking structures in the definitions, remove prohibitions setting an 11 p.m. cut off time (section 5, number 1 and 3, the exemption for detached single-family homes has been removed, and lighting for ceremonial purposes has be included. Staff requested guidance from the Council.

The City Council expressed support for the lighting regulation but had concerns with the costs for new businesses and existing businesses, sufficient lighting in a parking structure for safety, and clarification regarding enforcement of light trespassing.

All Council Members applaud the efforts to prevent inappropriate use of light that is blinding, intrusive, or misdirected in the skies, but suggested that aspects of the regulation still need to be worked out. The City Council asked staff to find a balance that works with the concept endorsed as an urban city, but have a level of sensitivity to light pollution. They questioned whether the existing City Code has a provision on light trespassing and asked staff to update the Council on how other jurisdictions have applied and enforced such regulations.

Staff suggested the record remain open to address the Council's concerns and come back under policy discussion at a future meeting.

FROM THE ASSISTANT CITYMANAGERS, CITY ATTORNEY AND OTHER STAFF

Assistant City Manager Felton

1. Referred to a memorandum concerning the City's Master Plan process. Staff recommends the City conduct a series of three city-wide meetings beginning mid-August to review the current Master Plan and seek input from the public on areas that need special attention during the upcoming visioning process. He stated staff is presently working with a consultant to update the thirty-six existing special study areas to compile the six neighborhood land use plans into one Master Plan. Staff anticipates presenting an updated draft Master Plan in January 2002 to the City Council. Staff received support from the Council on the process and was directed to proceed.
   
   
2. Announced on Tuesday, August 7, 2001, three communities (Lakelands, Montgomery Meadows, and Shady Grove Village) will hold a National Night Out Against Crime event from 7 to 9 p.m.
   

City Attorney Abrams

Addressed the issue of traffic studies. He stated that accidents might not be a result of volume or flow of traffic. He stated it could be because of the configuration of the street, lack of signalization, or human error. He stated concerns have to be determined whether it is with the flow of traffic or the safety aspects. City Attorney Abrams stated that many intersections are rated by the State and the County and the rate of accidents at a particular intersection supports improvements to that intersection, not necessarily the flow of traffic.

ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 9:42 p.m.

Respectfully submitted,
Doris Stokes ----
Administrative Assistant