Mayor and Council Meeting, 5/5/2003

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 Managers Felton and Tomasello, Public Works, Parks, Maintenance and Engineering (PWPME) Director Arnoult, Finance and Administration Director Belton, Long Range Planning Director DePoe, Planner Patula, Planner Janousek, Project Manager Kappas, Police Chief Viverette, Human Services Director Morganstein, Environmental Specialist Shingara, Grants Administrator Kauffmann, Neighborhood Services Director Ossont, City Attorney Abrams, and Administrative Assistant Stokes. Planning Commissioners present for joint public hearing: Keller, Bauer, Levy, and Winborne Absent: Hicks.

I. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by former Council Member Sharon Bohrer Mears.

II. INVOCATION

The invocation was delivered by Reverend Barbara Vercelli, Epworth United Methodist Church, Gaithersburg, Maryland.

III. APPROVAL OF MINUTES

Motion was made by Council Member Alster, seconded by Council Member Edens, that the minutes of a Mayor and Council meeting held April 7, 2003, be approved.

Vote: 3-0-2 (Abstained: Marraffa and Somerset)

Motion was made by Council Member Edens, seconded by Council Member Schlichting, that the minutes of a Mayor and Council meeting held April 22, 2003, be approved.

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

IV. APPOINTMENT

Resolution Confirming Appointments of the Mayor

This resolution confirms the following: Arts in Public Places Committee, Sigrid McCutcheon, 142 Lake Street, Gaithersburg, Maryland 20878, two-year term; and the Historic Preservation Advisory Committee, Deanna M. Lyter, 23 Cedar Avenue, Gaithersburg, Maryland 20877, three-year term .

Motion was made by Council Member Schlichting, seconded by Council Member Somerset, that a RESOLUTION OF THE CITY COUNCIL CONFIRMING APPOINTMENTS OF THE MAYOR TO THE ART IN PUBLIC PLACES COMMITTEE AND HISTORIC PRESERVATION ADVISORY COMMITTEE (Resolution No. R-32-03) be approved.

Vote: 5-0

V. PRESENTATIONS

1. Certificates of Recognition - W. Edward Bohrer Scholarships
   
   Mayor Katz presented Certificates to the 2003 W. Edward Bohrer Memorial CHARACTER COUNTS! Scholarship winners (Enida Dinaj, Luis Cornejo, Marcos Zárate) from Gaithersburg High School and the representatives of the sponsors (Lockheed Martin - David Phillips, Manager of Corporate Philanthropy, Rodgers Consulting, Inc. - Gary Unterberg, Signia-IDT - Carole Carter, and from the W. Edward Bohrer, Jr. Memorial CHARACTER COUNTS! Scholarship Fund - Sharon Bohrer Mears.
   
   The scholarship's intention is to recognize Gaithersburg area high school students of outstanding character who also have a firm commitment to their education. This year's awards totaled $8,000. The sponsors together contributed $7,000 to the scholarship fund. Former Council Member Sharon Bohrer Mears present the scholarship checks to the students and said a few words.
   
   
   
2. Proclamations
   
   Mayor Katz issued a Proclamation designating May, 2003, as "Bike Month" in the City of Gaithersburg. Bike Month highlights the City's efforts to encourage more citizens to use bicycles as an alternative means of transportation. Recent accomplishments to encourage biking in Gaithersburg and Montgomery County include the installation bike lockers at the MARC train station in Olde Towne, bike racks installed on County Ride-On buses, and a substantial paved trail network that is now being planed and developed throughout the City. The City also requires the installation of multi-use pathways and bike racks when new development occurs. The Proclamation was accepted by Alan Migdall, member of the Bicycle and Pedestrian Advisory Committee.
   
   Mayor Katz issued a Proclamation designating May 5 -12, 2003, as Historic Preservation Week, in the City of Gaithersburg. The Proclamation was accepted by Richard Arkin, Chair of the Historic Preservation Advisory Committee. Mr. Arkin announced that the Historic District Commission will unveil and dedicate a new sign to be installed at the entrance of the Chestnut/Meem Historic District. At the dedication ceremony, a Chestnut/Meem walking tour brochure based on "Martha Meem's 200 Acres," will be distributed. In conclusion he added that the State's Annual Preservation and Revitalization Conference will be held in Easton on May 2 and 3, 2003.
   
   
   
3. Presentation on Kentlands House and Garden Tour
   
   Michelle Clarke, Tour Chairperson, announced that the event will be held on Saturday, May 17, 2003 from 11 a.m. to 5 p.m. Tickets will be on sale for $15 at the Carriage House located at 321 Kent Square Road next to the Kentlands Mansion and Arts Barn. The tour benefits The Kentlands Garden Club and The Cottage of Hospice Caring, Inc. of Gaithersburg.
   
   
   
4. Presentation - Stream Assessment
   
   Environmental Specialist Shingara stated that the City had asked Versar, Inc. to do a stream assessment of more than 24 miles of streams within the City boundaries. This assessment is being done to comply with Montgomery County Guidelines, the Maryland Department of the Environment Total Maximum Daily Load program, and Phase Two of the National Pollutant Discharge Elimination System. The four main objectives of the stream study is to: 1) provide an update of the stream assessment performed in 1996; 2) assess water quality and stream health; 3) identify potential restoration sites along the streams to help prioritize restoration projects that would best utilize City funds; and 4) identify potential citizen monitoring sites within the City to increase community watershed awareness and to facilitate a continuous monitoring program. She introduced the stream assessment consultant Nancy Roth.
   
   Nancy Roth of Versar, Inc. gave a brief overview on the ecological assessment of streams in Gaithersburg, results, and recommendations. She reviewed the monitoring sites and explained the field methods used to assess the water quality, physical habitat, benthic macro invertebrates, and fish species. They results showed problems of bank erosion and channel instability, point bar formation, sediment deposition, altered hydrology, degraded biological habitat, low biological diversity, and poor water quality. She stated the problems are a result of urban development, inadequate stormwater management, and illicit discharges and dumping. Ms. Roth then reviewed the areas for stream restoration. In closing, recommendations were presented to restore the streams which included: watershed planning for current and future land use, consider special protection areas to prevent future problems, conduct stormwater management facility inspections and maintenance, stormwater management retrofits, stream stabilization, riparian buffer reforestation targeting areas that will have the greatest benefit, encourage low impact development and innovative site designs, upgrade stormwater management during redevelopment, address illicit discharge detection and correcting the problems, street sweeping, future monitoring to detect ecological degradation or stream recovery, and community education and outreach.
   
   Environmental Specialist Shingara concluded the presentation by describing how the City is already implementing the recommendations made by Versar, Inc. She stated that the City has included a significant increase in funding for the Capital Improvement Projects of the proposed budget for Fiscal Year 2004.
   
   

VI. PUBLIC APPEARANCES

1. Alan Migdall, 11736 Owens Glenn Way, asked the City Council to contact Derick Berlage, Chairman of the Montgomery County Planning Board to encourage funding it the County's Parks Capital Improvements Program for multi-purpose trail system that includes connections to the Muddy Branch Trail. The Mayor and City Council asked staff to prepare a letter.
   
   
2. Rick Marvin, 223 Little Quarry Road, referred to a lawsuit filed by BP Realty against the City of Gaithersburg. Questioned and asked for a transcript of a taped discussion between the City and other parties regarding the Parklands development. City Attorney Abrams stated the City is not in the possession of any tape or transcript and that the claims are allegations at this time.
   
   
3. Austin Decker, 7 Watchill Court, expressed concern that the City Council Members are not requesting an investigation into the allegations, but have chosen to remain silent. Mr. Decker offered suggestions to the City Council on resolving the matter to avoid any damage to the City's reputation. City Attorney Abrams stated that the City Council is not commenting on the lawsuit based on legal advice. He further stated, what is in the lawsuit are allegations without any support and that the allegation are from a third party.
   
   

VIII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

Council Member Schlichting

Announced the vacancies on the City's Boards, Commissions, and Committees.

Council Member Edens

Announced an upcoming event: Mother's Day Celebrations scheduled for May 11, 2003 - Concert at the Gaithersburg Arts Barn, 311 Kent Square Road, also a brunch from 10:30 a.m. to 12:30 p.m. at the Kentlands Mansion.

Council Member Alster

Mentioned that he has been away and that it's good to back in Gaithersburg.

Council Member Somerset

Stated that the Mayor, Council Members Schlichting and Marraffa, City Manager Humpton, Assistant City Manager Tomasello, and she attended a dinner for Governor Ehrlich sponsored by the Germantown/Gaithersburg Chambers of Commerce. She reported that the Governor plans to veto the budget bill and that he expressed strong support for the ICC.

Council Member Marraffa

Announced that the clock for the Clock Tower Project is on display at the Activity Center at Bohrer Park. He thanked David Shayt and staff on their efforts. He stated that future fund raising will be held to fund the project.

Mayor Katz

1. Announced the Gaithersburg City Council will hold a dinner meeting with the Rockville City Council on May 8, 2003, 7 p.m., Gaithersburg Arts Barn to discuss issues of mutual concerns to both jurisdictions.
   
   
2. Announced Budget Work Sessions are scheduled for Tuesday, May 13, 2003, 7:30 p.m. at the Casey Community Center, Wednesday, May 14, 2003, 7:30 p.m. at the Activity Center at Bohrer Park, and if needed, Tuesday, May 20, 2003, 7:30 p.m. at the Activity Center at Bohrer Park.
   
   
3. Attend the City Environmental Awards with other Council Members in honor of Environmental Awareness Week. The following five award recipients with exceptional environmental programs were recognized: Gaithersburg Middle School, Forest Oak Middle School, Rosemont Elementary School, Lakelands Homeowners Association, and the National Institute of Standards and Technology. The City also presented environmental responsibility awards to individuals and organizations that work to improve our environmental through pollution prevention, environmental education, protection, and conservation.
   
   
4. Reported the City of Gaithersburg has been selected as a finalist in the All-America City Awards. The award is the nation's most prestigious civic recognition program. The 30 finalist will participate in a final round of the All-America City competition to be held in Washington, D.C., June 12-14, 2003.
   
   

IX. FROM CITY MANAGER HUMPTON

1. Congratulated Environmental Specialist Shingara on her leadership of the City's environmental programs. Mr. Humpton also complimented PWPME Director Arnoult, Planning and Code Administration Director Russel, Neighborhood Services Director Ossont and their staff.
   
   
2. Stated the City is honored to be named as a finalist for the All-America City Awards.
   
   
3. Announced the City also received a certificate of recognition from County Executive Duncan of Montgomery County on April 25, 2003. The City is being recognized for being a valuable partner for many years and for providing assistant that has promoted health care services, affordable housing through eviction prevention, and support services for low income families. Mr. Humpton congratulated Grants Administrator Kauffmann and staff on their efforts.
   
   

X. PUBLIC HEARING

1. JOINT - SDP-03-003 - Schematic Development Plan for MedImmune, Phase II and III, in the Quince Orchard Park Development
   
   Long Range Planning Director DePoe stated the above joint public hearing was advertised in the Montgomery Journal on April 18 and April 25, 2003, and the property posted. Mr. DePoe gave some background on MedImmune stating this is a continuation of the corporate facilities. He stated that 355,000 square feet was transferred from the Meadows which is adjacent to the Quince Orchard Park residential over to the Ridges section further away, for a full build out of 750,000 square feet of the MedImmune corporate facility. Approval for Phase I consisting of 218,700 square feet is now currently under construction and before the City Council is for Phase II and then Phase III for the completion of that project.
   
   Randall Turner, Vice President of Engineering and Facilities for MedImmune, Inc, stated under two years ago it was before the City Council for the approval of Phase I. Mr. Turner oriented the City Council with the buildings on the site from Phase I. He stated that MedImmune had grown faster than anticipated and is before the City Council for approval of a full build out of Phase II. Mr. Turner stated 750,000 floor area ratio was allocated to the parcels. He stated that they met with local communities and some improvements were made to the plan as a result of the comments received at the meetings. During Phase I there was concern about the length of the parking structure adjacent to Great Seneca. The plan is now redesigned to pull the parking structure back creating more green area on the site. Mr. Turner reviewed the plan for the building in Phase II and their elevations. In closing he stated 2,300 parking spaces have been allocated for the site and they are looking at about 2,200 employees when fully build out. He added that without changing the square footage, minor engineering details still have to be worked out on the inside where the labs go, and the towers where the exhaust needs to go and that that will be done during the building permit process.
   
   Speakers from the public were:
   
   
   1. Richard Arkin, 121 Selby Street, expressed support for the proposed Phase II and III of the project. Complimented the revised plan on the parking garage reduction and increase in green space. He stated the plan support the existing Master Plan right-of-way for the Corridor Cities Transitway and urged the City Council to look at alternative routing for the transitway to better serve the Kentlands and Lakelands.
      
      
   2. Austin Decker, 7 Watchill Court, expressed esthetic concern with the plan. He stated the City will benefit from MedImmune.
      
      
   3. Cathy Salgado, 449 Highland Ridge Avenue, expressed concern with access to and from the site and the traffic impact. She also had esthetic concerns. She stated that she had not seen the full build out at any of the community meetings. Mr. Turner reviewed the three entrances and exits to the site for the City Council and public. He stated MedImmune worked closely with the public utilities to minimize the traffic impact to the surrounding neighborhoods.
      
      
   4. Rick Marvin, 223 Little Quarry Road, asked for provisions for traffic mitigation measures. Expressed interest in future plans for the full build out.
      
      There were no other speakers from the public.
      
      

      Motion was made by Commissioner Levy, seconded by Commissioner Winborne, that the Planning Commission record on SDP-03-003, be held open for ten (10) days.
      
      Vote: 4-0
      
      Motion was made by Council Member Edens, seconded by Council Member Alster, that the City Council record on SDP-03-003, be held open for twenty-two (22) days.
      
      Vote: 5-0
      
      
      

2. An Ordinance to Repeal and Reenact With Amendments to Chapter 6 of the City Code Entitled "Community Antenna Television Systems," so as to Retitle the Chapter as "Cable Services," and to Generally Modernize the Ordinance
   
   Neighborhood Services Director Ossont reviewed the following significant amendments: changing the name of the chapter from "Community Antenna Television Systems," to "Cable Services"; adopting language to more accurately reflect the technological and operational improvements of modern cable systems; and clarify and expand the City's role in cable construction and inspections within the City limits. Mr. Ossont stated the public hearing was advertised in the Gaithersburg Gazette on April 23, 2003 and no formal feedback has been received.
   
   Speaker from the public:
   
   Richard Arkin, 121 Selby Street, expressed support for the franchise renewal to Comcast, but stated customer service still needs improving.
   
   There were no other speakers from the public.
   
   

   Motion was made by Council Member Somerset, seconded by Council Member Marraffa, that the City Council record on the above public hearing, be held open for ten (10) days.
   
   Vote: 5-0
   
   
   

3. An Ordinance to Adopt the City Budget for the Fiscal Year July 1, 2003, through June 30, 2004, and Levying an Ad Valorem Tax on all Assessable Property Within the City of Gaithersburg, Maryland
   
   City Manager Humpton presented the Proposed Fiscal Year 2004 Budget and announced the budget work sessions scheduled for Tuesday, May 13 at Casey Community Center, Wednesday, May 14 at the Activity Center at Bohrer Park, and a backup work session, if needed, will be on Tuesday, May 20 at the Activity Center. He stated the public hearing was advertised in the April 16 and April 25 issues of the Gaithersburg Gazette. He stated the budget process is an ongoing effort following the Mayor and City Council Strategic Planning Retreat, revenue projections from the State, and the annual Budget Forum, which is an opportunity to hear from community leaders and other interested citizens on budget issues. City Manager Humpton recommended no tax rate increase to fund the proposed budget. Under the proposed budget, a real property tax rate of 21.2 cents per 100 dollars of assessed value is proposed. Additionally, the ad valorem tax on tangible personal property shall remain at the rate of 53 cents per 100 dollars of assessed value.
   
   He briefly discussed the size of this year' proposed budget in comparison to the current year budget. He stated the total Proposed Budget of roughly 31.4 million dollars is up approximately 600,000 dollars from last year's Adopted Budget. The proposed Operating Budget of 27.6 million dollars is up approximately 4.7%. The proposed Capital Budget of 3.8 million dollars is down approximately 14 percent or 640,000 dollars from last year. The Proposed Budget includes 187,000 dollars of escrowed funds, which have been provided by developers for various projects. City Manager Humpton recommended a re-appropriation of approximately 2.9 million dollars. This is approximately 700,000 dollars less in re-appropriations as compared to the current year.
   
   City Manager Humpton reviewed the revenue supporting the budget. He stated that due to a growing tax base and the State of Maryland's recent reassessment of property, Property Tax revenues will increase by better than 10 percent. The City is projecting Income Tax revenue to remain steady at approximately 5.7 million dollars, and License and Permit revenue to be down approximately 50 percent, which continues a downward trend. He noted that Highway User Revenue from the State is down approximately 500,000 dollars and Program Open Space is down 255,000 dollars. City Manager Humpton added that the City will receive 549,000 Federal dollars in Community Development Block Grant Funds, which is double last year's allocation. This substantial increase is related to the City's designation as a direct recipient of CDBG funds.
   
   Mr. Humpton reviewed the minor changes in the Proposed Operating Budget, proposing an overall 4.7 percent increase. He stated the largest increase in the Operating Budget is reflected in the Police Department's Budget, which has increased by 13.1 percent, which translates into 471,650 dollars. The addition of four new police officers is to address the increase in crime. Two officers will be regular full-time officers, and two will be contract reserve officers.
   
   The Public Works, Parks Maintenance and Engineering Department's budget increased by a total of 5 percent to address the growing inventory of streets that require service during snow events, as well as landscaped areas requiring mowing in the warmer months. He stated that due to the new Lakelands Park to be completed during FY '04, he recommends the addition of one full-time equipment operator for the Parks Maintenance Division to assist with the increased workload.
   
   Mr. Humpton stated that to meet the increased administrative demands of being designated as a direct recipient of Community Development Block Grant funds and the new National Pollution Discharge Elimination System requirements, he is recommending the creation of an Employment Agreement administrative position to assist the City's Grants Administrator and Environmental Specialist. Funding for this position is reflected in the budget for the Office of the City Manager, but half of the cost will be covered by Federal CDBG funds.
   
   The Proposed Budget will eliminate two positions in the Department of Parks, Recreation & Culture. Staff determined that one full-time position and one Employment Agreement position originally budgeted for the Arts Barn were not necessary at this time. Due to the elimination of these positions and other cost savings, the Department of Parks, Recreation & Culture's Operating Budget has been reduced by 1.64 percent, with no significant effect on the department's operations.
   
   Mr. Humpton stated that there were no major changes proposed for the Department of Planning and Code Administration. He mentioned that the Master Plan Update is expected to be completed this summer,
   
   The Department of Finance and Administration's Budget has very few changes; however, it was necessary to significantly increase our Audit Budget to meet the new requirements associated with Government Accounting Standards Board 34.
   
   There are no significant changes in the Information Technology Budget, which show a 3.1 percent increase.
   
   City Manager Humpton stated that the following projects are the priorities in this year's Proposed Capital Budget, which totals 3.8 million dollars, include a number of high profile projects.
   
   Gaithersburg Youth Center at Robertson Park
   New funds for this project will enable the City to finalize plans and begin construction of this facility in the spring of 2004.
   
   Federal, State and City funds, which were transferred from the West Diamond Avenue Sector Program in Olde Towne, will be used to fund the new Youth Center. The Youth Center will be used principally for summer programs and after school initiatives. The total cost for the Youth Center at Robertson Park is projected at 1.4 million dollars.
   
   Street Resurfacing
   A number of our major streets are in need of resurfacing, and I am proposing to increase this budget by 500,000 dollars, to a total of 1 millions dollars for the Street Resurfacing CIP account.
   
   Lakelands Recreation Center
   This budget allocates 1.3 million dollars for the aquatics recreation center, to be located at Maryland Route 28 and Edison Park Drive. This will bring the fund balance for this project to just over 2.7 million dollars. He stated that staff has investigated alternative means of funding the Lakelands Recreation Center and concluded that the City should maintain our "pay as you go" strategy for the time being due to the funding needed for construction, operating expenses, and the uncertainty about revenue growth.
   
   Other Important CIP Initiatives
   Other important CIP initiatives include:
   
   
   • 850,000 dollars for stormwater management and the NPDES program
     
     
   • 200,000 dollars for technology enhancements, especially for the Police Department Mobile Data Terminal Program
     
     
   • 133,000 dollars for traffic calming
     
     
   • 100,000 dollars to continue the landscape program on Muddy Branch Road
     
     
   • 200,000 dollars for street lights to improve lighting in various neighborhoods of the City
     
     
   • 100,000 dollars for the Brookes/Russell Historic District improvements
     
     
   • 250,000 dollars to redo the restroom facilities which service the pavilions at Bohrer Park at Summit Hall Farm
     

In closing, he stated that final adoption of the budget is scheduled for the June 2, 2003 regular City Council meeting.

Speakers from the public were:

1. Austin Decker, 7 Watchill Court, supported increases in the City's Operating Budget for the Police Department, but felt the other increases should be further reviewed. He asked the City Council to scrutinize all Capital Improvements Projects. He suggested cutting the tax rate for homeowners by 15 - 20 percent. Mayor Katz clarified that the property tax rate is capped to increase at only 10 percent per year, but the City hasn't made an increased.
   
   
2. Richard Arkin, 121 Selby Street, complimented staff on an impressive proposed budget during a tight budget year. He expressed support for the Capital Improvements Budget recommended and was happy to see the effort and support for historic preservation programs. He asked the City Council to look for opportunities for partnership for the arts. He also asked that the City choose another name for the recreation facility on the west side since it is no longer in the Lakelands.
   
   
3. Cathy Drzyzgula, 16 Walker Avenue, complimented City Manager Humpton on the clarity of the proposed budget. She expressed support for the additional City police and the new youth center. She thanked the City for their efforts in maintaining the Historic District.
   
   
4. Rodney Thompson, Olde Towne Business Owner, expressed concern with the Capital Improvement Budget. He asked that funds be made available for sidewalk, curb, and gutter repairs. He also expressed support for additional police.
   

There were no other speakers from the public.

Motion was made by Council Member Alster, seconded by Council Member Marraffa, an Ordinance to Adopt the City Budget for the Fiscal Year July 1, 2003 through June 30, 2004, and Levying an Ad Valorem Tax on all Assessable Property Within the City of Gaithersburg, Maryland, be held open until the close of business on May 23, 2003.

Vote: 5-0

5. Establishing a Constant Yield Tax Rate and Proposed Property Tax Increase for the City of Gaithersburg for FY 2004

Finance and Administration Director Belton stated the hearing was advertised in the Gaithersburg Gazette on April 16 and 25, 2003, with no exhibits in the record file. Pursuant to State law, local governments are required to hold a public hearing if maintaining the current property tax rate will result in increased revenues. If we maintain the $.212 per $100 of assessed value property tax rate (as the City has done for the last 38 years), our property tax revenues will increase by 8.9 percent.

Speaker from the public:

Austin Decker, 7 Watchill Court, reiterated that the City can maintain the level of City services with a 15 - 20 percent reduction in the tax rate on the City's homeowners.

There were no other speakers at the hearing.

Motion was made by Council Member Schlichting, seconded by Council Member Edens, that the record on a public hearing to ESTABLISH A CONSTANT YIELD TAX RATE AND PROPOSED PROPERTY TAX INCREASE FOR THE CITY OF GAITHERSBURG FOR FY 2004, be held open until the close of business on May 23, 2003.

Vote: 5-0

X. ORDINANCES, RESOLUTIONS, AND REGULATIONS

1. Resolution to Enter into a Contract for the 2003 Street Resurfacing Contract
   
   This resolution authorizes the City Manager to enter into the above contact for the City's annual street resurfacing program with Francis O. Day, Company, Inc., 14900 Southlawn Lane, Rockville, Maryland 20850, in the estimated amount of Three Hundred Ninety-Three Thousand Four Hundred Sixty Dollars ($393,640.65); said funds to be expended from the Capital Improvements Budget. The street resurfacing is for various streets in the Westleigh, Woodland Hills, and Kentlands communities.
   
   

   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 ENTER INTO A CONTRACT FOR THE 2003 STREET RESURFACING CONTRACT (Resolution No. R-33 -03) be approved.
   
   Vote: 5-0
   
   
   

2. Introduction of an Emergency Ordinance to Amend Chapter 2 of the City Code, Entitled "Administration," Article II, Entitled "Municipal-County Relations," Section 2-6 Thereof, Entitled "Exemption From Montgomery County Legislation and Regulations Within the City" so as to Include the Provisions of Section 19-35 Entitled "Water Quality Protection Charge" of Chapter 19 of the County Code Entitled "Erosion, Sediment Control, and Storm Water Management", as Being Applicable and Enforceable Within the City
   
   Assistant City Manager Felton stated the City conducted a work session on April 28, 2003 and the City Council directed staff to introduce the above emergency ordinance. He stated that staff is recommending that the City enter into a Memorandum of Understanding with Montgomery County whereby the County would assess and collect the Water Quality Protection Charge on properties within the City, and return the funds to the City to help finance its stormwater management and NPDES compliance programs.
   

Motion was made by Council Member Marraffa, seconded by Council Member Alster, that the above Emergency Ordinance, be introduced.

Vote: 5-0

XI. POLICY DISCUSSION

1. Five-Year Consolidated Plan for Housing and Community Development, Required for Receipt of CDBG Funding
   
   Grants Administrator Kauffmann stated that under the HUD requirements a draft plan was submitted for a thirty day public comment period which began on April 2, 2003. The thirty day period closed on May 1, 2003, with comments from one individual relating to editorial issues. Ms. Kauffmann stated that one change to the plan was that a submitted project request had to be removed due to the faith-based initiative. Staff recommends that the City reallocate those funds be used for the Gaithersburg Youth Center. City Manager Humpton stated that the project that was not eligible for the program will be recommended in the FY 2004 budget using City funds.
   

   
   Motion was made by Council Member Alster, seconded by Council Member Somerset, that the Five-Year Consolidated Plan be approved for submission to HUD.
   
   Vote: 5-0
   
   
   

2. SDP-03-001 - Application Requests Amendment to the Schematic Development Plan (SDP7-1) From a Two-Story 16,000 Square Feet Office Building to a Three-Story 27,800 Square Feet Office/Retail/Restaurant Mixed-Use Building Per SDP-03-001 in Accordance With §24-160D.11 and §24-198(c) of the City Code. The Subject Property is Located at 500 Main Street, Lakelands, Parcel A, Block Q, Approximately 0.67 Acres of Land and is Zoned MXD (Mixed Use Development)
   
   Planner Patula stated that a joint public hearing was held on the above on April 7, 2003. Ms. Patula stated the Planning Commission closed their record on April 17, 2003, and the Mayor and City Council record closed on April 29, 2003. She stated that additional exhibits had been added to the record. She stated that the staff analysis was modified by the Planning Commission. Planner Patula gave brief summary on the SDP. She stated the main issue has been the adequacy of parking and that the applicant is requesting a waiver for 17 spaces which was adjusted by the Planning Commission to 18 spaces. Staff recommends granting the parking waiver, but that the applicant provide a shared parking agreement per Section 24-219(c)(2) a, further develop additional landscaping; redesign and reconstruct the intersections of Market Street and Main Street to resolve the truck turning problem; provide a Forest Conservation Plan for the area encompassed by SDP-7-1; and review the architecture in more depth.
   
   Council Vice President questioned the total percent of vacant parking spaces. City Manager Humpton stated that there is adequate parking, but asked for better directional signs. Gary Unterberg, Rodgers Consulting stated that there are over 100 spaces reserved capacity with the new building, but will bring a confirmed total back to the City Council. Council Member Somerset asked that the timing the parking spaces are used be taken into consideration. Council Member Schlichting expressed excitement for the project to complete the center of Market Square.
   
   The City Council directed staff to prepare the resolution.
   
   

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

Assistant City Manager Felton

Announced that a draft Master Plan will be available to the Mayor and City Council and public on May 8, 2003, and anticipate a public hearing on July 7, 2003 on the Master Plan Land Use Update.

City Attorney Abrams

1. Announced that the Maryland Court of the Appeals affirmed the City's challenge to the County's anti-smoking ordinance.
   
   
2. Announced that the City filed a request on May 2, 2003 on the BP Realty case to remove it from the Montgomery Circuit Court. The City will file a formal response to the complaints within the week.
   
   

Neighborhood Services Director Ossont

Referred to the issue of parking a RV or mobile home on a residential property in the Deer Park neighborhood. He stated there is no current restriction prohibiting parking of this type of vehicle, but staff has received feedback from a survey conducted in the area. Staff will give recommendations for the Mayor and City Council within 2-3 weeks.

XIII. ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 9:43 p.m.