Mayor and Council Meeting, 8/19/2002

A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor Katz presiding. Council Members present: Alster, Edens, Marraffa, Schlichting and Somerset. Staff present: City Manager Humpton, Assistant City Manager Felton, Public Works, Parks, Maintenance and Engineering (PWPME) Director Arnoult, Planning and Code Administration Director Russel, Planner Patula, Summer Intern Heyman, Grants Coordinator Kauffmann, Police Lieutenant Elliot, City Attorney Borten, and Administrative Assistant Stokes. Planning Commission present for joint public hearings: Keller, Bauer, Hicks and Levy.

I. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by the Planning and Code Administration Office Summer Intern David Heyman.

II. INVOCATION

The invocation was delivered by Father Mike Maloney, St. Martin's of Tours, Gaithersburg, Maryland.

III. APPROVAL OF MINUTES

Motion was made by Council Member Edens, seconded by Council Member Schlichting, that the minutes of a Mayor and Council meeting held August 5, 2002, be approved.

Vote: 5-0

IV. CONSENT ITEM

Resolution to Enter into a Contract to Purchase One (1) 2003 Aerial Lift Truck

This resolution authorized the City Manager to purchase the above truck from Criswell Chevrolet, 503 Quince Orchard Road, Gaithersburg, Maryland 20878, in the amount of Fifty Seven Thousand Nine Hundred Eighty-Four Dollars ($57,984.00); said funds to be expended from the Operating Budget.

Motion was made by Council Member Somerset, seconded by Council Member Marraffa, that the Consent Agenda (Resolution No. R-91-02) be approved.

Vote: 5-0

V. OATH OF OFFICE

Mayor Katz administered the oath of office to the following individuals:

John Bauer, Planning Commission, term to expire in August 2007; and Harvey Kaye and Richard Knoebel, Board of Appeals, terms to expire in August 2005.

VI. PUBLIC APPEARANCES

David Kaysen, 1086 West Side Drive, Brighton West Homeowners Association, stated the recent improvements to Chestnut Street and Meem Avenue have made traveling from the west to the east side of the City more difficult.

VII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

Council Member Somerset

1. Stated she enjoyed National Night Out and complimented staff on their efforts.
   
   
2. Commented that she has not experienced difficulty traveling from the west to the east side of the City due to the Chestnut Street and Meem Avenue improvements. She expressed support for the project to improve pedestrian and vehicle safety.
   

Council Member Marraffa

1. Announced that on September 11, 2002, the City will hold a dedication ceremony for Inspiration Park that will coincide with the anniversary of September 11.
   
   
2. Stated he, the Mayor, City Council Members, and staff members toured the Montgomery County Traffic Management Center and was very impressed with the facility. The center is planning to relocate to Gaithersburg in January 2003.
   
   
3. Stated he attended the Montgomery County Agricultural Fair and tried out the new voter machine to be used in the county. He distributed brochures on the new voting system/machine.
   

Mayor Katz

1. Requested the following motion for an executive session:
   
   

   Motion was made by Council Member Alster, seconded by Council Member Edens, that an executive session be conducted on August 19, 2002, to discuss a legal matter.
   
   Vote: 5-0
   
   

2. Stated he and Assistant City Manager Tomasello visited the Board of Public Works in Annapolis to request Parks and Recreation funding for Lakelands Park.
   
   
3. Stated that there is a vacancy on the Board of Appeals and letters of interest are being accepted until Wednesday, August 21, 2002. He stated that interviews will be conducted with a nomination by September 3, 2002.
   
   
4. Announced that the City will not conduct a work session on Monday, August 26, 2002.
   
   

City Manager

Stated that revised Master Plan Themes were included in the Mayor and City Council's packages. He asked that the City Council and Planning Commission review the material and give their input to staff. He stated that staff is looking to bring a resolution before the City Council on September 3, 2002 for approval.

VIII. JOINT PUBLIC HEARING

T-354 - Proposal to Amend Chapter 24 of the City Code (City Zoning Ordinance), Article I, Entitled "In General," §24-1 Entitled, "Definitions," Article III, Entitled, "Regulations Applicable to Particular Zones," §24-22, §24-24, §24-28, §24-30, §24-43, §24-56, §24-66, §24-75, §24-102, §24-111, §24-117, §24-123, §24-136, §24-151, §24-160A, and §24-160E.2, so as to Redefine Accessory Structures and Uses, Eliminate Certain Definitions and Define Certain Terms, as Well as Revise Terminology and Regulations of Accessory Uses and Structures in the R-6, R-B, C-B, R-A, R-90, R-90 Cluster, RP-T, R-20, R-18, R-H, C-P, C-1, C-2, C-3, I-1, E-1, E-2, and H-M Zones, and Further to Amend Article IV Entitled, "Supplementary Zone Regulations," §24-163 so as to Amend Standards and Requirements as to Accessory Structures and Garages Generally

Planner Patula stated that the language changes in the above proposed ordinance are to bring uniformity throughout the various zones in the City Code so that they coordinate with Section 24-163. The section deals specifically with accessory structures and uses. She gave a brief PowerPoint presentation to the City Council. Ms. Patula stated that the zones affected by this text amendment are only those zones that require setbacks. She added that the new language aims to clarify setbacks and heights of accessory structures such as sheds and garages, as well as percentages of footprints relationships between accessory and primary structures. Many Council and Commission Members had questions concerning setbacks with accessory structures, garages and backyards that back up to each other creating an area for dumping, accessory structures that equal the footprint of the house, the distinguishing of garages and an accessory structure and the permitted uses in those structures, the height of the basic structure of a house and a garage, the percentage of the total buildings on the property, limits to the size of the structures in relation to their backyard, the requirements precluding a resident from getting a carriage type house over their garages, and the distinctions between garages and tool sheds. Other questions presented related to yard requirements, restrictions and yard coverage and setbacks. Mayor Katz asked to staff to research the questions and concerns the City Council and Commission have and to schedule a work session on the above proposed text amendment.

Speakers from the audience were:

1. Sheri Hendry, 9113 Rosemont Drive, expressed concern with the proposed text amendment. She read and submitted proposed changes and additions to various sections of the ordinance.
   
   
2. Linus L. Klitsch, 9320 Edgewood Court, expressed concern with the proposed ordinance permitting a garage with living accommodations to exist in the R-90 residential zone of the City.
   
   
3. Lisa Kennel, 9201 Rosemont Drive, stated that the proposed ordinance would adversely affect the neighborhood if permitted.
   
   
4. Jon May, 8940 Edgewood Drive, reiterated support for the statements of concerns made by other community members and expressed concern with the size of garages in the area.
   

There were no other speakers at the hearing.

Motion was made by Commissioner Hicks, seconded by Commissioner Bauer, that the Planning Commission record on T-354, remain open indefinitely.

Vote: 4-0

Motion was made by Council Member Alster, seconded by Council Member Edens, that the City Council record on T-354, remain open indefinitely.

Vote: 5-0

IX. ORDINANCES AND RESOLUTIONS

1. Resolution Rescinding Resolution Number R-78-02 and Authorizing the City Manager to Reject all Bids for Morris Park Playground Equipment, Bid Number 2002-024
   
   This resolution authorizes the City Manager to rescind R-78-02 awarding a contract to Arbor Associates, Inc., reject all bids, and readvertise the above project for rebidding.
   
   

   Motion was made by Council Member Marraffa, seconded by Council Member Alster, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL RESCINDING RESOLUTION NUMBER R-78-02 AND AUTHORIZING THE CITY MANAGER TO REJECT ALL BIDS FOR MORRIS PARK PLAYGROUND EQUIPMENT, BID NUMBER 2002-02 (Resolution No. R-92-02) be approved.
   
   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 Olde Towne Gaithersburg, Maryland
   
   The City has an opportunity to apply for FY 2003 Community Legacy Grant funds for projects that promote Smart Growth initiatives in locally designated Community Legacy Areas. This resolution endorses the designation of a Community Legacy Area and the Olde Towne Clock Tower/Park Plaza project and approves the request in the form of grants and loans, or other financial vehicles, in the approximate amount of One Hundred Fifty Thousand ($150,000) Dollars.
   

Motion was made by Council Member Schlichting, seconded by Council Member Edens, 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 OLDE TOWNE GAITHERSBURG, MARYLAND TO BE FINANCED EITHER 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-93-02) be approved.

Vote: 5-0

X. POLICY DISCUSSION

SDP-02-002 - Application Requests Approval of a Schematic Development Plan (SDP), Known as Maryland Carpet and Tile, Located in the Realty Park Subdivision in Gaithersburg, Maryland. The Plan Proposes a 4,489 Square Foot, Two-Story Building With 12 Parking Spaces on 12,574 Square Feet of Land. The Parcel is Located at 305 North Frederick Avenue in the Corridor Development (CD) Zone

Planner Patula stated a joint public hearing was held on the above matter on May 6, 2002. The Planning Commission held their review on June 5, 2002, and voted to recommend approval of the plan to the Mayor and City Council with the following seven conditions: 1) Applicant is to continue working with the State Highway Administration to resolve Maryland Route 355 ingress/egress issues; 2) Grading and paving of the alley is to be approved by the DPWPME before the applicant submits the plan for final site plan review; 3) Improvement to the Frederick Avenue streetscape are to comply with the Frederick Avenue Corridor Plan standards and the building is to be studied for frontage appearance on north, south and front facades; 4) Lighting plan is to comply with the Frederick Avenue Corridor Plan standards and approved by the DPWPME; 5) Storm water quality waiver is to be granted by the DPWPME before the applicant submits the plan for final site plan review; 6) A record plat is to be submitted before the issuance of building permits and is to include a reference to allow for a mutual shared parking and access easement between Lots 84 and Pt22 in accordance with the Frederick Avenue Corridor Plan at such time Lot 84 redevelops; and 7) Applicant is to work with DPWPME to address controlling commercial traffic into adjacent residential neighborhoods via Montgomery and Maryland Avenue during site plan review. She stated that the applicant held a community meeting to address the concerns expressed by residents and the City Council at the public hearing. She stated that if the City Council approves the plan, it will go to the Planning Commission for final site plan.

Motion was made by Council Member Marraffa, seconded by Council Member Alster, that the record on the above (SDP-02-002), be closed.

Vote: 5-0

Motion was made by Council Member Edens, seconded by Council Member Schlichting, directing staff to prepare a resolution of approval for SDP-02-002, with the seven conditions recommended by the Planning Commission and an additional condition regarding a resolution to the bio-retention drainage from the structure.

Vote: 5-0

XI. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF

City Attorney Borten

Reported that the motion to dismiss the Hidden Creek Land Bay III case filed on behalf of the City was granted. She stated that there are no other cases pending.

XII. ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 8:45 p.m.