Mayor and Council Meeting, 11/20/2000

CITY OF GAITHERSBURG
MINUTES OF A REGULAR CITY COUNCIL MEETING
November 20, 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, Edens, Marraffa, and Somerset (arrival 7:35 p.m.) Staff present: City Manager Humpton, Assistant City Manager Felton, Public Works, Parks Maintenance and Engineering Director (PWPME) Arnoult, Parks, Facilities Maintenance Supervisor Peeler, Economic and Community Development Director Tomasello, Police Chief Viverette, Parks, Recreation, and Culture Director McGleish, Planning and Code Administration Director Russel, Urban Design Director Wagner, Planner DePoe, Planning Analyst Patula, Environmental Specialist Pfefferle, City Attorney Abrams, and Administrative Assistant Stokes.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Parks, Recreation, and Culture Director McGleish.

INVOCATION

The invocation was delivered by Edco Bailey, Director of Pastoral Services, Shady Grove Adventist Hospital.

APPROVAL OF MINUTES

Deferred.

CONSENT ITEM

Resolution Awarding a Contract for the Replacement of Heating Equipment

This resolution authorized the awarding of a contract for the replacement of heating equipment from Harvey W. Hottle Incorporated, 18900 Woodfield Road, Gaithersburg, Maryland 20879, in an amount not to exceed Thirty-Nine Thousand Three Hundred Sixty-Six Dollars ($39,366); said funds to be expended from the Capital Improvements Budget.

Motion was made by Council Member Alster, seconded by Council Member Marraffa, that RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER FOR HEATING EQUIPMENT AT THE PUBLIC SERVICE FACILITY (Resolution No. R-92-00) be approved.

Vote: 4-0

PRESENTATIONS

Proclamation

Mayor Katz presented a proclamation to Miriam Brewer, Acting Executive Director, Alzheimer's Association Greater Washington Chapter, designating November 2000, as "Alzheimer's Month" in the City of Gaithersburg.
Introduction of New Employees

Parks, Recreation, and Culture Director McGleish introduced:

James Wiltshire, Senior Center Director, has 27 years of experience in the field of recreation. Mr. Wiltshire's past professional experiences have been at Rossmoor Leisure World, Prince Georges' County Recreation, and Montgomery County Recreation.

Siobhan Halmos, Recreation Supervisor, has seven years of service in public recreation. Ms. Halmos' primary responsibilities are youth sports and summer camps.

David Rocha, Recreation Supervisor, has a long history of working with youth in various capacities. Mr. Rocha will be a full-time employee at the Teen Center. Other responsibilities will include teen clubs at Forest Oak and Gaithersburg Middle Schools, trips, dances, and two summer camps.

City Manager's Report on the Mayor and City Council's Strategic Planning Retreat

City Manager Humpton gave an overview of the City's Strategic Plan process and highlighted important changes to the Plan as a follow-up to the Mayor and City Council Retreat held November 3-5, 2000. He stated the Strategic Plan identifies the City's priorities and the budget implements the priorities. During the retreat the Mayor and City Council reviewed and reaffirmed the City's vision, mission, and guiding principles. Before going through the Strategic Directions, he stated a new Strategic Direction has been added which pertains to City planning in terms of land and development and two were combined that dealt with recreation programs. All together, there were 12 Strategic Directions which he addressed. The newest Strategic Direction "ensure that all planning and development considers and responds to the City's environmental, transportation, economic, social and civic needs," was added by the Mayor and City Council with a number of goals that would enhance Gaithersburg's future.

In conclusion, he encouraged all citizens to pick up a copy of the Strategic Plan available at City Hall, the Activity Center at Bohrer Park, or to visit the City's website.

Presentation on the Proposed Montgomery County Stormwater Management Legislation

Environmental Specialist Pfefferle briefed the Mayor and City Council on Bill No. 00-28 which is pending before the Montgomery County Council. This bill would provide a mechanism for Montgomery County government to assume maintenance responsibilities for private stormwater management facilities throughout the County. Montgomery County legislation regarding stormwater management does not comply with the City of Gaithersburg unless the City specifically opts into the legislation pursuant to the provisions of Chapter 2 of the City Code. Pfefferle indicated that staff was continuing to review this matter and would monitor the status of the legislation as it works its way through the County's approval process.

PUBLIC APPEARANCES

Ruth Long, 428 Girard Street, expressed concerns with the condition of Little Whestone Run with an emphasis on erosion and drainage problems. Mayor Katz asked staff to evaluate the condition of the stream and advise the City Council.

Arnold Litman, spoke on the controversy surrounding the Kentlands Ice Skating Rink. He apologized to the Mayor and City Council and staff for the confusion with the temporary permit. He stated there has been complaints on the size and noise of the chiller. He stated these complaints have been addressed and the site plan approval will be addressed at the December 6, 2000 public hearing before the Planning Commission.

City Manager Humpton updated the City Council on the issue stating he authorized a test to determine the impact the new chiller would have on the neighborhood and present the above at an upcoming meeting before the Planning Commission. He also stated the site plan approval will have to be addressed.

Rick Marvin, 223 Little Quarry Road, expressed an interest in the City's legislative priorities and asked that tax revenues be used to fund City projects.

Assistant City Manager Felton stated a brochure has been made available today at City Hall listing the City's legislative priorities. He also stated the City has been approved for funding of a half million dollars for continued support of the revitalization project and looking for a six hundred thousand dollar bond bill to assist with the West Side Teen Center.

FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

Council Member Davis

Thanked all involved, especially the youngsters from area schools with the Veteran Day Observance.

Council Member Edens

Announced the City's upcoming events. Mentioned the 3.5 mile Winter Lights display at Seneca Creek State Park opening December 1 through the end of the year and the Twilight Tradition scheduled for December 2, 2000, 4-7 p.m. in Olde Towne.

Council Member Alster

1. Complimented all residents and staff involved in making Gaithersburg a great place.
   
   
2. Announced vacancies on various Boards, Commissions, and Committees.
   
   
3. Stated he received calls from residents concerned with pedestrian/traffic safety at the crossing near the traffic circle on Kentlands Boulevard.

Council Member Somerset

1. Stated safety concerns with automobiles running the light and turning left from Great Seneca Highway onto Kentlands Boulevard.
   
   
2. Stated she, Mayor Katz, and others attend the Latino Gala Awards Ceremony and expressed that it was a great event.
   
   
3. Expressed support for the clock tower project. Mayor Katz stated the project will be addressed following the opening of the parking garage.

Council Member Marraffa

1. Echoed Council Member Davis on the impressive Veteran Day Observance.
   
   
2. He also expressed support for the clock tower project after the parking garage has been completed.

Mayor Katz

1. Announced Board of Appeals interviews will be held Monday, November 27, 2000, 6:30 p.m., followed by a work session on SDP-001 and SDP-002 and the museum consortium. He also announced Board of Appeals interviews will be continued on Wednesday, November 29, 2000, 7 p.m.
   
   
2. Noted the public hearing on T-345 - add exempted structures from the required yard/setback requirements has been moved to December 18, 2000.
   
   
3. Stated he received a check for $3,500 from the Gaithersburg Middle School fund raiser for Wells/Robertson. He asked staff to send a thank you letter on behalf of the City.

RECESSED THE MAYOR AND COUNCIL MEETING AT 8:22 P.M.
FOR A HISTORIC DISTRICT COMMISSION MEETING AND RECONVENED AT 8:30 P.M.

ORDINANCES AND RESOLUTIONS

AB-53 - Introduction of an Ordinance to Abandon 0.03907 Acres or 1,702 Square Feet of Land

Planner Schwarz stated the ordinance is being introduced to have a public hearing on December 18, 2000. She stated the proposed ordinance would abandon 1702 square feet of land in Middle Point Court in the Foxwood subdivision. She stated the area is currently being used as a parking area in a public right-of-way. The Homeowners Association is requesting that the land be abandoned, so that they can utilize a numbering system to assign parking spaces.

Motion was made by Council Member Edens, seconded by Council Member Marraffa, that AB-53 - ORDINANCE TO ABANDON 0.03907 ACRES OR 1,702 SQUARE FEET OF LAND DEDICATED FOR THE RIGHT-OF-WAY FOR MIDDLE POINT COURT, SITUATED IN THE SUBDIVISION KNOWN AS FOXWOOD, IN THE CITY OF GAITHERSBURG, MONTGOMERY COUNTY, MARYLAND be introduced.

Vote: 5-0

Resolution Approving SDP-00-003, Long & Foster, Application to Construct a Two-Story Office Building

On November 6, 2000, the Mayor and City Council held a public hearing and closed the record. The Mayor and City Council reviewed the proposal and the Planning Commission and City Staff recommendations and directed staff to prepare a resolution approving the SDP amendment.

City Manager Humpton stated concerns with traffic safety at the main access. Urban Design Director Wagner stated the main access would not be at the intersection in question, but at the roundabout. City Manager Humpton asked staff to address the concern at the site plan review before the Planning Commission.

Motion was made by Council Member Marraffa, seconded by Council Member Somerset, that RESOLUTION OF THE MAYOR AND CITY COUNCIL APPROVING SDP-00-003, LONG & FOSTER, APPLICATION REQUEST TO CONSTRUCT A TWO-STORY 20,000 SQUARE FOOT OFFICE BUILDING ON 1.27934 ACRES OF LAND, KNOWN AS MIDTOWN PHASE 2, SECTION 3, LOT 2, LOCATED WEST OF THE KENTLANDS BOULEVARD/GREAT SENECA HIGHWAY INTERSECTION AT 289 KENTLANDS BOULEVARDS (Resolution No. R-93-00), be approved.

Vote: 5-0

POLICY DISCUSSION AND STAFF GUIDANCE ITEMS

MP-3-99 - Frederick Avenue Corridor Study

All City Council Members concurred to not have a policy discussion on MP-3-99 this evening and hold the record open for ten days (December 13, 2000, 5 p.m.) to allow public comment before closing the record. Mayor Katz stated this study is over a year old with many revisions and would like to defer the policy discussion until December 18, 2000. He asked staff to send a notice stating the above.

Council Member Somerset asked for clarification on the implication of the Heritage District and how it all fits into the study.

FROM THE ASSISTANT CITY MANAGER, CITY ATTORNEY, AND OTHER STAFF

Assistant City Manager Felton

1. Stated the City Council received a memorandum regarding the carriage house on Chestnut Street, Chesline Apartments. He stated the demolition for the apartments is scheduled in the upcoming weeks. A decision on the carriage house is needed from the City Council before proceeding with development of the property. He noted the carriage house was donated to the City several years ago. To put the house in storage (disassemble and reassemble) would cost approximately $30,000 with storage fees of roughly $200 per month. He stated reconstruction of the house has been estimated at about $70,000. A citizen has expressed interest in purchasing the carriage house and placing it on his property at no cost to the City. If the Council decided to go this route, staff recommends a preservation covenant be placed on the house. The structure is not historically designated, but there is some historic basis for the structure. He noted, the developer has offered to demolish the structure at no cost to the City.
   
   Council Members Somerset and Alster expressed concern with transferring a historic artifact that was left to the City to a private citizen. Council Member Somerset suggested the structure be disassembled and stored at the Summit Hall Farm and reassembled for future use.
   
   Mayor Katz, Council Members Edens, Davis, and Marraffa expressed concern over the cost and effective use of tax payers dollars. Stating if the citizen is willing to preserve the historic significance of the structure, then the building would not be lost.
   
   
2. Announced a Council in the Communities meeting with Saybrooke is scheduled for November 30, 2000, 7:30 p.m., at Forest Oak Middle School.

ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 8:50 p.m.

Respectfully submitted,
Doris Stokes ----
Administrative Assistant