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Mayor and Council Meeting, 7/7/2003
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CITY OF GAITHERSBURG
MINUTES OF A REGULAR CITY COUNCIL MEETING
JULY 7, 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 Manager Felton, Public Works, Parks, Maintenance and Engineering (PWPME) Director Arnoult, Police Chief Viverette, Information Technology Director Smith, Human Services Director Kee, Planner Janousek, GIS Planner Eby, Parks, Recreation Program Director McGuire, Human Services Director Morganstein, City Attorney Abrams, and Administrative Assistant Stokes.
I. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Charles Ferrell, Gaithersburg, Maryland.
II. INVOCATION
The invocation was delivered by the Reverend Lou Piel, Grace United Methodist Church, Gaithersburg, Maryland.
III. APPROVAL OF MINUTES
Motion was made by Council Member Schlichting, seconded by Council Member Alster, that the minutes of a Mayor and Council meeting held June 16, 2003, be approved.
Vote: 4-0-1 (Abstained: Somerset)
IV. CONSENT ITEMS
- Resolution to Purchase Dump Trucks
This resolution authorized the City Manager to enter into a contract to purchase two (2) 2004 Chevrolet One Ton Dump Trucks from Criswell Chevrolet, 503 Quince Orchard Road, Gaithersburg, Maryland 20878, in the amount of Ninety-Four Thousand Six Hundred Twenty-One Dollars ($94,621.00); said funds to be expended from the Operating Budget.
- Motion was made by Council Member Marraffa, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PURCHASE TWO (2) 2004 ONE TON DUMP TRUCKS (Resolution No. R-50-03) be approved.
Vote: 5-0
- Resolution Approving Services Provided by Montgomery County Public Schools
This resolution approves the services for recreation programs, after school programs, youth sports leagues, special events, teens dances, and summer programs provided by Montgomery County Public Schools, in the amount Ninety-Two Thousand Four Hundred Twenty Dollars ($92,420) for use of school facilities and Thirty-Six Thousand Dollars ($36,000) for bus transportation; said funds to be expended from the Operating Budget.
- Motion was made by Council Member Marraffa, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL APPROVING SERVICES PROVIDED BY MONTGOMERY COUNTY PUBLIC SCHOOLS FOR THE COMMUNITY USE OF PUBLIC FACILITIES AND BUS TRANSPORTATION (Resolution No. R-51-03) be approved.
Vote: 5-0
- Resolution for Counseling and Support Services
This resolution authorized the City Manager to award a contract to The Family Services Agency, Inc. 620 East Diamond Avenue, Gaithersburg, Maryland 20877, in the amount of Forty Thousand Five Hundred Forty Dollars ($40,540); said funds to be expended from the Operating Budget.
- Motion was made by Council Member Marraffa, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR COUNSELING AND SUPPORT GROUP SERVICES FOR THE GAITHERSBURG UPCOUNTY SENIOR CENTER TO THE FAMILY SERVICES AGENCY, INC (Resolution No. R-52-03) be approved.
Vote: 5-0
- Resolution to Purchase Police Mobile Computer Client Software
This resolution authorized the City Manager to enter into a contract to purchase twenty (20) copies of the County mobile computer client software from Northrop Grumman Corporation (formerly TRW, Inc.), 12011 Sunset Hills Road, Reston, Virginia 20190, in the amount not to exceed Forty-Five Thousand Dollars ($45,000); said funds to be expended from the Capital Improvements Budget.
- Motion was made by Council Member Marraffa, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO PURCHASE POLICE MOBILE COMPUTER CLIENT SOFTWARE AND INSTALLATION SERVICES (Resolution No. R-53-03) be approved.
Vote: 5-0
- Resolution to Purchase Radio and Data Equipment
This resolution authorized the City Manager to enter into a contract to purchase public safety radio equipment from Motorola, Inc., 7230 Parkway Drive, Hanover, Maryland 21076, in an amount not to exceed Eighty-Seven Thousand Dollars ($87,000); said funds to be expended from the Capital Improvements Budget.
Motion was made by Council Member Marraffa, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO PURCHASE RADIO AND DATA EQUIPMENT FOR PARTICIPATION ON THE COUNTY PUBLIC SAFETY SYSTEMS (Resolution No. R-54-03) be approved.
Vote: 5-0
V. APPOINTMENTS
Resolution Confirming Reappointments of the Mayor
This resolution confirms the following: Art in Public Places Committee, Howard Cohen, 18700 Walker's Choice, Montgomery Village, Maryland 20886 and Nora Caplan, 102 Booth Street, #16, Gaithersburg, Maryland 20878, two-year terms; Education Committee, Mike Bucci, 114 Woodland Road, Gaithersburg, Maryland 20877, Ellie Eldredge, 3 Thorburn Place, Gaithersburg, Maryland 20878, and Eileen Shea, 209 West Deer Park Road, two-year terms; Gaithersburg Senior Council, Josefina Taylor, 7620 Creekstone Court, Gaithersburg, Maryland 20877, two-year term; Historic Preservation Advisory Committee, Richard Arkin, 121 Selby Street, Gaithersburg, Maryland 20878, three-year term; and the Police Chief's Advisory Committee, Lee Manuel, 230 Rolling Road, Gaithersburg, Maryland 20877 and James Stevens, 344 Alfandre Street, Gaithersburg, Maryland 20878, two-year terms.
Motion was made by Council Member Edens, seconded by Council Member Schlichting, that a RESOLUTION OF THE CITY COUNCIL CONFIRMING REAPPOINTMENTS OF THE MAYOR TO THE ART IN PUBLIC PLACES COMMITTEE, EDUCATION COMMITTEE, GAITHERSBURG SENIOR COUNCIL, HISTORIC PRESERVATION ADVISORY COMMITTEE, AND POLICE CHIEF'S ADVISORY COUNCIL (Resolution No. R-55-03) be approved.
Vote: 5-0
VI. PRESENTATIONS
- Person of Character Award
Mayor Katz presented the City's 18th Person of Character Award to Andrew D'Aloisio, who was nominated for his volunteer work with Heart and Hands, Inc., a nonprofit group established ten years ago for the purpose of assisting low-income homeowners with repairs and health/safety-related improvements.
- Certificate of Appreciation
Mayor Katz presented the above certificate to Mike Morris, President, Montgomery County Agricultural Center, Inc. On June 10, 2003, Montgomery County law enforcement agencies (including members from the City of Gaithersburg Police Department), and fire departments from Montgomery, Howard, Prince George's, and Fairfax Counties, took part in a full-scale disaster exercise at the Fairgrounds. The City of Gaithersburg thanks Mr. Morris, Randy Fox, Executive Director and staff for their contribution and commitment to community service.
VII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS
Council Member Edens
Congratulated the Planning and Code Administration Office and Public Information Office staff on the Kentlands 15th year anniversary celebration held June 18, 2003.
Council Member Schlichting
- Echoed Council Vice President Edens remarks and congratulated staff on their efforts to coordinate such a unique event. Expressed appreciation for the partnerships (Kentlands Citizens Assembly, Kentlands Community Foundation and the Lakelands Citizens Association), who also contributed as well as the sponsors.
- Updated the public on vacancies on City boards, commissions, and committees.
Council Member Alster
- He also congratulated staff on a job well done on the Kentlands 15th year anniversary celebration and complimented staff on the 4th of July celebration.
- Expressed appreciation for the new signage directing the public to the Gaithersburg Historic District.
Council Member Somerset
- Stated she greatly enjoyed the Kentlands celebration held on July 18, 2003 and thanked staff.
- Reported she traveled to Ireland and stated how effective the traffic circles (roundabouts) are used to control traffic. She also mentioned the marvelous signage that's used throughout the country and a mix of old traditional and neo traditional neighborhoods and businesses.
Council Member Marraffa
- Added his congratulations to staff for the Kentlands 15th year anniversary celebration.
- Announced upcoming event: Backyard Concert featuring The Steven Gelman Band performing folk music and more at Kelley Park on July 10, 2003, 7 p.m.
Mayor Katz
- Requested the City Council conduct an Executive Session following the meeting.
- Motion was made by Council Member Alster, seconded by Council Member Somerset, that the City Council conducts an executive session on July 7, 2003, following the City Council meeting to discuss a legal and personnel matter.
Vote: 5-0
- Commented he and City Council Members attended and enjoyed a recent Quince Orchard Park community parade.
- Stated a work session will be conducted on January 14, 2003, to receive a presentation from the Montgomery County Planning Board staff on the pending annual growth policy update.
- Announced a joint public hearing will be conducted on Monday, July 21, 2003, on the City Master Plan Amendment, 2003 Land Use Plan.
VIII. ORDINANCES, RESOLUTIONS, AND REGULATIONS
- Resolution to Purchase Twenty (20) Mobile Data
This resolution authorized the City Manager to enter into a contract to purchase of the above to maintain and enhance priority City services, increase officer safety and effectiveness, and provide better service to the citizens. The equipment will be purchased from Pelican Mobile Computer Inc., 2408 Peppermill Drive, Suite I, Glen Burnie, Maryland 21202, in an amount not to exceed One Hundred and Ten Thousand Dollars ($110,000); said funds to be expended from the Capital Improvements Budget. IT Director Smith recognized and thanked IT Specialist Barnes, Senior Officer Breck, and Sergeant White for their efforts.
- 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 PURCHASE TWENTY (20) MOBILE DATA COMPUTERS (Resolution No. R-56-03) be approved.
Vote: 5-0
- Resolution to Establish a Retirement Health Savings Plan
This resolution authorized the City Manager to enter into an agreement with the ICMA Retirement Corporation (ICMA-RC) to establish a Retirement Health Savings Plan for City of Gaithersburg active and retired employees. The Plan will allow employees and retirees to establish accounts to save and invest monies which could then be used to pay for medical and/or dental premiums and expenses and/or long term care premiums. No additional cost will be incurred by the City to offer this benefit.
- Motion was made by Council Member Schlichting, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ESTABLISH A RETIREMENT HEALTH SAVINGS PLAN FOR CITY OF GAITHERSBURG EMPLOYEES AND RETIREES (Resolution No. R-57-03) be approved.
Vote: 5-0
- Resolution to Purchase Ten (10) 2004 Police Patrol Vehicles
This resolution authorized the City Manager to enter into a contract to purchase the above vehicles from Winner Ford, 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034, in an amount of Two Hundred Seven Thousand Five Hundred Ninety-One Dollars and Eighty Centers ($207,591.80); said funds to be expended from the Vehicle and Equipment Replacement Fund.
- Motion was made by Council Member Edens, seconded by Council Member Alster, that a RESOLUTION OF THE MAYOR AND COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PURCHASE TEN (10) 2004 POLICE PATROL VEHICLES (Resolution No. R-58-03) be approved.
Vote: 5-0
- Resolution to Purchase Three (3) 2004 36,000 GVW Dump Trucks
This resolution authorized the City Manager to enter into a contract to purchase the above trucks from Criswell Chevrolet, 503 Quince Orchard Road, Gaithersburg, Maryland 20878, in the amount of Two Hundred Forty-Five Thousand One Hundred Thirty-Seven Dollars ($245,137.00); said funds to be expended from the Operating Budget.
- 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 TO PURCHASE THREE (3) 2004 36,000 GVW DUMP TRUCKS (Resolution No. R-59-03) be approved.
Vote: 5-0
- Resolution to Extend the 2003 Street Resurfacing Contract
This resolution authorized the City Manager to extend the 2003 Street Resurfacing Contract to include the resurfacing of portions of West Deer Park Road between Muddy Branch Road and Summit Hall Road by the Francis O. Day Company, 14900 Southlawn Lane, Rockville, Maryland 20850, in the estimated amount of Six Hundred Fifty Thousand Dollars ($650,000); said funds to be expended from the Capital Improvements Budget.
- Motion was made by Council Member Somerset, seconded by Council Member Edens, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXTEND THE 2003 STREET RESURFACING CONTRACT TO INCLUDE THE RESURFACING OF PORTIONS OF WEST DEER PARK ROAD (Resolution No. R-60-03) be approved.
Vote: 5-0
- CSP-03-001 - Macroland - Resolution Approving Concept Site Plan
GIS Planner Eby stated the resolution is requesting the approval of the above concept site plan for the reuse of the property located at 611 South Frederick Avenue, also known as Macroland. The property is located in the Corridor Development (CD) Zone. He stated that the current use of the top floor is office and the lower floor is storage. The proposed use for the top floor will be retail/office and the lower floor use, a warehouse with a small expansion of the parking lot. Mr. Eby stated a public hearing was held on March 3, 2003, with the record closing on March 12, 2003, and a policy discussion on March 17, 2003. During the policy discussion there was concerns with the environmental impact of the plan. He stated that the application was delayed pending the submission of a Storm Water Management Plan, revised Natural Resource Inventory and Forest Conservation Plan, and a revised Site Plan to illustrate the expanded parking area's impact on the stream valley buffer and floodplain. The revised plans show that there will be no disturbance with the stream valley buffer or floodplain. He stated that staff is satisfied with the plans.
Council Member Somerset questioned the waiver of the parking spaces. Mr. Eby stated that the expansion will allow the applicant to gain only four additional spaces and provide a better stormwater management system than is current at the site.
- Motion was made by Council Member Schlichting, seconded by Council Member Marraffa, that a RESOLUTION APPROVING CONCEPT SITE PLAN LOCATED AT 611 SOUTH FREDERICK AVENUE, GAITHERSBURG, MARYLAND. THE APPLICANT REQUESTS TO CHANGE THE USE OF THE UPPER FLOOR TO ALLOW FOR COMMERCIAL/RETAIL SALES AND/OR GENERAL OFFICE USE. THE SUBJECT PROPERTY IS LOCATED ON THE EASTERN SIDE OF SOUTH FREDERICK AVENUE (MD ROUTE 355) BETWEEN CENTRAL AVENUE AND NORTH WESTLAND DRIVE IN THE CORRIDOR DEVELOPMENT (CD) ZONE (Resolution No. R-61-03) be approved.
Vote: 5-0
- AB-56 - Introduction of an Ordinance for the Abandonment of the Alley Located Between Lots 10-13 and Parcel A, Block 1, off of Russell Avenue Between its Intersection With East Diamond Avenue and Brookes Avenue (Public Hearing 8/18/03)
- Motion was made by Council Member Alster, seconded by Council Member Edens, that the above Ordinance, be introduced.
Vote: 5-0
- Introduction of an 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 Chapter 24 of the Montgomery County Code, Sections 24-9 Entitled "Availability of Tobacco Produced to Minors" Section 24-9C "Distribution of Tobacco Products to Minors" and Section 24-9D Entitled "Tobacco Products Placements," as Being Applicable and Enforceable Within the City Avenue (Public Hearing 8/4 /03)
- Motion was made by Council Member Somerset, seconded by Council Member Edens, that the above Ordinance, be introduced.
Vote: 5-0
- Introduction of an Ordinance to Repeal Chapter 18A of the City Code, Entitled "Smoking and Tobacco Products Placement" Section 18A-1 Through 18A-12 Inclusive Avenue (Public Hearing 8/4/03)
- Motion was made by Council Member Alster, seconded by Council Member Marraffa, that the above Ordinance, be introduced.
Vote: 5-0
- Introduction of an Ordinance to Amend Chapter 17 of the City Code Entitled "Personnel," Section 17-4 Entitled "Medical, Hospitalization, Dental and Other Insurance Benefits" so as to Create an Early Retirement Plan Providing for Such Benefits (Public Hearing 8/4/03)
- Motion was made by Council Member Edens, seconded by Council Member Alster, that the above Ordinance, be introduced.
Vote: 5-0
- Resolution Awarding a Matching Grant
This resolution awards a matching grant to Gateway Commons Homeowners Association for neighborhood improvements, in the total amount of Five Thousand Dollars ($5,000); said funds to be expended from the Capital Improvements Budget.
- Motion was made by Council Member Alster, seconded by Council Member Somerset, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AWARDING A MATCHING GRANT TO THE GATEWAY COMMONS HOMEOWNERS ASSOCIATION FOR NEIGHBORHOOD IMPROVEMENTS (Resolution No. R-62-03) be approved.
Vote: 5-0
- Resolution in Support of the Proposal of the Council of Governments (COG) in Providing Emergency Assistance Across State Lines
City Manager Humpton stated COG has asked that the City support proposed federal legislation that will facilitate mutual aid agreements by limiting liability and provide emergency assistance across state lines.
- Motion was made by Council Member Schlichting, seconded by Council Member Alster, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL IN SUPPORT OF THE PROPOSAL OF THE COUNCIL OF GOVERNMENTS FOR FEDERAL LEGISLATION TO FACILITATE MUTUAL AID AGREEMENTS BY LIMITING LIABILITY IN PROVIDING EMERGENCY ASSISTANCE ACROSS STATE LINES (Resolution No. R-63-03) be approved.
Vote: 5-0
IX. POLICY DISCUSSION
- SDP-03-005 - Saul Holding Limited Partnership c/o Saul Center, Request to Amend the Approved Schematic Development Plan SDP 3, Section 1, Parcel L, Block Q, From 353,201 Square Feet of Building Area 373,201 Square Feet of Building Area in Accordance With §24- 160D.11 and §24-198(c) of the City Code. The Subject Property is Located at 317 Kentlands Boulevard, Kentlands, Section 1, Parcel L, Block Q and is Bordered by Great Seneca Highway and Kentlands Boulevard. The Subject Property Consists of Approximately 33.75 Acres of Land and is Zoned MXD (Mixed Use Development)
Planner Janousek stated a public hearing was held for the above on June 2, 2003, and the record closing on July 2, 2003. He stated that the City Attorney has reviewed the revised resolution. Several Council Members expressed support for the concept and the infill development and the mixed use for the space. Concern was expressed with the input from the public not being addressed regarding the proposal and details. Mr. Janousek stated the resolution will come back at the July 21, 2003 meeting for approval.
- SDP-03-004 - Saul Holding Limited Partnership c/o Saul Center, Request to Amend the Approved Schematic Development Plan SDP 7-1, Section 3, Lot 1, Block Q, From 26,000 Square Feet of Retail Land Use to 17,686 Square Feet of Office Land Use and 24,405 Square Feet of Retail Land Use for a Total of 42,091 Square Feet of Mixed Land Use in Accordance With §24-160D.11 and §24-198(c) of the City Code. The Subject Property is Located at 183 Kentlands Boulevard, Midtown/Kentlands, Lot 1, Block Q and is Bordered by Great Seneca Highway and Kentlands Boulevard. The Subject Property Consists of Approximately 3.41 Acres of Land and is Zoned MXD (Mixed Use Development)
Planner Janousek stated a public hearing was held for the above on June 2, 2003, and the record closing on July 2, 2003. He stated the Planning Commission recommended approval with four conditions. Several City Council Members expressed support with the proposed plan and mixed use, but asked for the details to be addressed with staff. Mr. Janousek stated the resolution will come back at the July 21, 2003 meeting for approval.
X. ADJOURNMENT
There being no further business to come before this session of the City Council, the meeting was duly adjourned at 8:15 p.m.
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