Montgomery News

City of Gaithersburg Mayor and City Council met January 16.

Here is the minutes provided by the Council:

1. Call To Order

The Regular Session of the Mayor and City Council was called to order at 7:30 pm with Mayor Jud Ashman presiding.

Attendee Name; Title; Status; Arrived:

Jud Ashman; Mayor Present;

Ryan Spiegel; Council Vice President Present;

Neil Harris; Council Member Present;

Laurie-Anne Sayles; Council Member Present;

Michael Sesma; Council Member Present;

Robert Wu; Council Member Present;

Staff present: City Manager Tomasello, Deputy City Manager Enslinger, City Attorney Board, Assistant City Attorney Johnson, Planning and Code Administration Director Schlichting, Director of Community & Public Relations Monaco, Parks, Recreation and Culture Director Potter, Public Works Director Johnson, Long Range Planning Manager Robinson, GIS Planner Eby, Planning Division Chief Schwarz, Arts and Events Division Chief Kayser, Engineering Services Division Chief Mumpower, Police Officer Lane and Municipal Clerk Stokes.

2. Pledge Of Allegiance

The pledge was led by Carol Rieg, Board of Appeals member.

3. Reflection

Mayor Ashman called for a moment of silence.

4. Appointments

A. Resolution of the City Council Confirming Appointments and Reappointments Made by the Mayor to the Animal Control Board, Board Of Appeals, Ethics Commission and Police Advisory Committee

The City Council confirmed the appointments and reappointments made by the Mayor to the: Animal Control Board, Maria Stiles (reappointment), 333 Main Street, Gaithersburg, Maryland 20878, three-year term; Board of Appeals, Carol Rieg (reappointment), 936 Pointer Ridge Drive, Gaithersburg, Maryland 20878, three-year term; Ethics Commission, Steven Blivess (appointment - full member), 833 Diamond Drive, Gaithersburg, Maryland 20878 and Rebecca Smondrowski (appointment - alternate), 101 Short Street, Gaithersburg, Maryland 20878, three-year terms; and the Police Advisory Committee, Joshua Fischer (reappointment), 104 Park Avenue, #302, Gaithersburg, Maryland 20877, two-year term.

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Michael Sesma, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Spiegel, Harris, Sayles, Sesma, Wu

B. Resolution of the City Council Confirming a Reappointment Made by the Mayor to the Board of Supervisors of Elections

The City Council confirmed the reappointment made by the Mayor to the Board of Supervisors of Elections: Thomas Marchessault, P.O. Box 3161, Gaithersburg, Maryland 20885, four-year term.

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Neil Harris, Council Member

Seconder: Robert Wu, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

5. Oath Of Office

A. Oath of Office to Board of Supervisors of Elections Member

Mayor Jud Ashman administered the Oath of Office to Thomas Marchessault, Board of Supervisors of Elections.

6. Presentations

A. Presentation of Kentlands/Lakelands 5k Race Proceeds to the Dolores C. Swoyer Scholarship Fund

Parks, Recreation and Culture Director Potter, joined by Kentlands Community Foundation members, presented the proceeds from the 24th annual Kentlands/Lakelands 5k held Saturday, September 2, 2017. The event was hosted by the Kentlands Community Foundation in partnership with the City of Gaithersburg. The Foundation hosted the 5k Race to raise funds, promote volunteerism and showcase the benefits of new urbanism and walkable communities. The t-shirt design contest winner for this year’s children’s shirt was created by Luca DeVito, a ten year old 5th grader at Rachel Carson Elementary School, and resident of Kentlands. Despite uncharacteristically wet and chilly conditions, approximately 760 participants finished the 5k and approximately 137 children completed the Kids’ Fun Runs. This 5k is certified by the USA Track and Field Association.

Gaithersburg resident Conrad Laskowsi was the top male finisher in at 15:39; the top female finisher was Joy Miller of Beaufort, SC in at 18:09. This event typically serves as the Maryland State Senior Olympics 5k event for those ages 50 and over but this year was not a qualifying year. This event benefits local charities including an $11,000 contribution to the City's Dolores C. Swoyer Scholarship Fund. Including this amount, the Foundation has donated a total of $153,856 since 2002. As a result, Gaithersburg children who cannot meet the financial requirements without assistance are able to participate in the City's summer camps program.

7. Public Comments

There were no speakers from the public.

8. Policy Discussions

A. Resolution of the Mayor and City Council Granting Approval of Schematic Development Plan: SDP-7716-2017, Johnson Properties Residential Development in Accordance with Annexation X-7067-2015 including associated Road Code Waivers Request RC-7717-2017

For the record, Council Vice President Spiegel recused himself from the above matter due to any potential conflicts. As stated during other public discussions, the applicant is represented by his law firm.

Long Range Planning Manager Robinson presented the above for Policy Discussion and final action. Cal-Atlantic Homes submitted Schematic Development Plan (SDP) application SDP- 7716-2017. The Johnson properties were annexed into the City of Gaithersburg by resolution R-72-16 on December 19, 2016. The annexation included the existing 90,000 square foot (SF) strip shopping center and pad sites. The remaining Parcel E (13.99 acres) is the largely vacant and undeveloped former nursery site. Following the annexation, Cal-Atlantic became the contract purchaser for Parcel E with the intent of implementing the residential development outlined in the approved X-7067-2015 Annexation Agreement and sketch plan and reflected in the subject application. The plan proposes 106 single-family homes, comprised of 26 detached single-family and 80 towns, and a 1.25 acre park on approximately 14 acres of land. The application further includes both a tree removal variance request and request for road code waivers.

A joint public hearing was held October 16, 2017. In response to comments made during the hearing and from staff, the Applicant submitted two statements, Exhibits 59 and 60, with one focused on traffic issues and made minor revisions to the site plan such as adjusting public improvement easements. On December 6, 2017, the Planning Commission held its recommendation meeting on SDP-7717-2017. The Planning Commission recommended approval with two conditions. The Applicant, prior to the Council’s record closing on December 15, 2017, submitted another statement (Exhibit 81), summarizing the merits of the application.

Council Member Wu commended the applicant and staff on their efforts and work. Stated he is in opposition of the plan as is but willing to support alternatives to the plan. He acknowledged the quality of the design but had issues with the annexation and rezoning process at the County and City levels. Expressed concerns with available parking, increased housing, and the impact on area schools. Urged his colleagues to take a holistic approach with future communities and the impact on area school capacity.

Council Member Sesma stated that the applicant has been responsive to the concerns expressed by the Mayor and City Council and public. Stated there is potential for a nice community to be developed and for improvements to be made to the commercial component of the property. Expressed delight with additional affordable units. Added that the City has its own school capacity test which basically ensures new schools when existing schools become over capacity. Stated that Montgomery County Public Schools (MCPS) has been challenged and noted that the decision to build a school is approximately a 5 to 6 year process.

Council Member Harris stated there were many issues with the plan which were addressed largely by the applicant. Stated that following the discussions and public hearing, a nicely designed community has been developed. He noted there are now additional affordable housing units, amended traffic patterns and the amenity of a public park. Expressed he is in favor of the project moving forward. Added that he and some of his colleagues have been proactive and had several meetings with representatives of MCPS. MCPS agreed to form a committee to study the potential new site for another elementary school near the development. Stated the biggest challenges are schools and traffic which is mostly outside of the Council's control, but the City will continue to be advocates. Believe that the development will facilitate an upgrading of the shopping center that is adjacent to the development.

Council Member Sayles stated she had concerns with the design of some of the single-family homes. Asked that the City find more innovative ways to build communities and make housing affordable. Stated there were concerns with parking and 68 additional spaces had been added to the plan.

Mayor Ashman stated there are always concerns with school capacity and traffic issues that need to be further addressed, but see the proposed plan as increasing the City's stock of owner occupied units and affordable housing.

Motion was made to approve the Schematic Development Plan: SDP-7716-2017, Johnson Properties Residential Development in Accordance with Annexation X-7067-2015.

Result: Passed [3 To 1]

Mover: Michael Sesma, Council Member

Seconder: Neil Harris, Council Member

For: Neil Harris, Laurie-Anne Sayles, Michael Sesma

Against: Robert Wu

Abstain: Ryan Spiegel

Motion was made to approve Road Code Waivers Request RC-7717-2017 associated with Schematic Development Plan: SDP-7716-2017, Johnson Properties Residential Development.

Result: Passed [3 To 1]

Mover: Michael Sesma, Council Member

Seconder: Neil Harris, Council Member

For: Neil Harris, Laurie-Anne Sayles, Michael Sesma

Against: Robert Wu

Abstain: Ryan Spiegel

B. Resolution of the Mayor and City Council Granting Approval of Schematic Development Plan SDP-7712-2017, Known as Kentlands Square Infill Sites, for Approximately 1.8 Acres of Property Zoned Mixed Use Development (MXD)

GIS Planner Eby presented the application submitted by Saul Holdings Limited Partnership for policy discussion and final action. The Applicant is requesting approval of Schematic Development Plan SDP-7712-2017, in accordance with the MXD (Mixed Use) zone Section 24-160D.9.(b)(2) of the City Code. The subject property is located within the Kentlands Square Shopping Center, along the drive aisle connecting 84-96 Main Street with 195 Kentlands Boulevard. The application proposes to add three commercial infill sites totaling 16,000 square feet, on a 1.8-acre area of the shopping center.

A joint public hearing was held October 16, 2017. In response to comments made during the hearing, the Applicant submitted two statements, Exhibits 37 and 42, and made minor revisions the site plan. On December 6, 2017, the Planning Commission held its recommendation meeting on SDP-7712-2017. The Planning Commission recommended approval with one condition in addition to the two recommended by staff, requiring the proposed drive thru aisle to not cross any sidewalks. The applicant, in response to the proposed third condition, has provided two additional statements (Exhibits 57 and 59), requesting the Commission’s condition be amended and clarifying aspects of discussions made by the Commission during its meeting.

There were several concerns regarding the drive thru aisle and the crossing of the main pedestrian thoroughfare. It was noted that it is difficult to envision the final results of the traffic pattern, layout and positioning of buildings, and the capacity of the drive thru. Staff was asked to review the concept for said retail element of the plan due to concerns with pedestrian safety and the condition of the Planning Commission. In addition, there were other issues with the connectivity of the plan, the four-way stop at Kentlands Blvd and the unnamed street and questioned whether the plan fulfills the vision of a walkable community. The applicant was directed to investigate further to improve the plan and to continue to work with staff. Based on the comments, all concurred to reopen the record to give the applicant time to address the concerns and bring back for policy discussion.

Motion was made to reopen the record indefinitely for Schematic Development Plan SDP- 7712-2017, known as Kentlands Square Infill Sites.

Result: Passed [Unanimous]

Mover: Robert Wu, Council Member

Seconder: Michael Sesma, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

9. Presentations (Cont.)

A. Presentation of 2017 Biennial Citizen Survey Results

Community and Public Relations Director Monaco, presented the findings of the 2017 Biennial Citizen Survey, reviewing high and low marks, looking at trends over time, and exploring how Gaithersburg compares against national benchmarks. In the fall of 2017 the City of Gaithersburg conducted a biennial Citizen Survey to gather feedback about perceptions of Gaithersburg as a whole and the City’s services, programs and policies. Questionnaires were randomly mailed to 2,200 residents. We received 363 responses. A web-based non-scientific version of the survey was posted on the City’s website from October 20 to November 3, 2017. There were 306 people that completed it. The Citizen Survey is organized into three “Pillars of the Community,” comprised of Community Characteristics, Governance and Participation. Within each pillar, eight facets of the community are measured: Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment, and Community Engagement.

The Mayor and City Council mostly concurred that they are happy with the results. Thanked staff, noted that there were positive results but took note of the challenges to address, and suggested other ways for outreach and to be proactive.

10. From Mayor And City Council

A. Announcements

Michael Sesma-

1. Thanked the Kentlands Community Foundation for their continuous support, partnership and generous donations.

2. Attended the Habit Burger grand opening at Gaithersburg Square.

3. Attended, with colleagues, the Legislative Session Opening Day reception in Annapolis, Maryland.

4. Thanked Seneca Creek Community Church for their partnership and service to the community during the Dr. Martin Luther King, Jr. (MLK) Day of Service event and throughout the year.

5. Acknowledged Curtis Pettaway for his years of service on the Gaithersburg Police Department.

Robert Wu-

1. Echoed and expressed well wishes to Curtis Pettaway.

2. Stated that he had to miss the Opening Day event mentioned above due to prior commitments.

3. Attended and participated in several activities of the MLK event mentioned above. Extended congratulations to Seneca Creek Community Church for a great event.

4. Attended first Metropolitan Washington Council of Governments Board of Directors meeting in D.C.

Ryan Spiegel-

1. Stated that he was unable to attend the MLK event due to prior commitments. Stated that his family did collect food and stuffed animals to be donated.

2. Attended a show at the Arts Barn with his family.

3. Reminded the community of the services and resources available in Gaithersburg including passport services.

4. Attended, with colleagues, the Legislative Session Opening Day reception in Annapolis, Maryland and several other events for the Maryland Municipal League.

5. Provided a shout out to Minnesota Vikings player Stefon Diggs, Gaithersburg native as reported.

6. Announced that in lieu of a work session, the Mayor and City Council, staff and residents will join the Maryland District 17 Delegation for their District 17 Night in Annapolis reception on Monday, January, 29, 2018.

Neil Harris-

1. Mentioned the victory of the Philadelphia Eagles and that they play the Minnesota Vikings in the next playoff game.

2. Attended, with colleagues, the Legislative Session Opening Day reception in Annapolis, Maryland.

Laurie-Anne Sayles-

1. Mentioned the January 8 meeting was cancelled and expressed that she is looking forward to a rescheduled session with the coalition of providers.

2. Attended the Newly Elected Municipal Official Roundtable hosted by Comptroller Franchott.

3. Attended the Kentlands Community Foundation Lecture Series where the new urbanism concept was presented.

4. Attended the Habit Burger grand opening at Gaithersburg Square.

5. Attended, with colleagues, the Legislative Session Opening Day reception in Annapolis, Maryland.

6. Attended a Gaithersburg Book Festival Committee meeting where they discussed planning the 9th annual event.

7. Attended and participated in several activities of the MLK event mentioned above.

8. Attended the Alpha Phi Alpha MLK Annual Scholarship Breakfast event where County Executive Ike Leggett provided remarks.

Jud Ashman-

1. Joined his colleagues in thanking Seneca Creek Community Church and recognizing Curtis Pettaway.

2. Mentioned providing opening remarks at the International Institution of Municipal Clerks (IIMC) Region II Conference held at the Marriott in Gaithersburg. Public Information and Legal Services staff facilitated an educational session on social media in the digital world.

3. Announced the upcoming work session scheduled for Monday, January 22, 2018, 7:30 p.m., at City Hall to receive an update on the Gaithersburg Financial Wellness Initiatives and conduct a joint work session with the Planning Commission on SDP-7362-2016: Kentlands Apartments.

4. Reminded everyone about the District 17 Night event mentioned above.

5. Announced that the next Regular Session of the Mayor and City Council is scheduled for Monday, February 5, 2018, 7:30 p.m., at City Hall.

11. From City Manager

Tony Tomasello

1. Thanked Community and Public Relations Director Monaco for creating the virtual budget public forum that was launched last year and stated that it is available on the City’s website until January 26. Reported that 35 responses have already been received. Encouraged the public to participate.

2. Mentioned that staff has hired a consultant to help Condominium Associations get recertified with the Federal Housing Administration (FHA) and Housing and Urban Development (HUD).

3. Reported that staff continues to address the issues with property assessment bills and noted that there has been a reduction on some bills. Staff will continue to monitor the situation.

12. Economic Development Update

On behalf of Thomas Lonergan, City Manager Tomasello reported the following:

1. Reminded the public of the Annual Economic Development Breakfast scheduled for Friday, January 19. Mentioned that Heather Arnold, Principal, Research + Analysis for Streetsense, will be the guest speaker.

13. Ordinances / Resolutions / Regulations

A. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract to Purchase One (1) 36’ Mobile Stage

This resolution authorized the City Manager to award a contract to purchase one (1) mobile stage to Century Industries, LLC, P.O. Box C, 299 Prather Lane, Sellersburg Indiana 47172, in the amount of One Hundred Forty-Nine Thousand Five Hundred Forty-One Dollars ($149,541); said funds to be expended from the Operating Budget (Vehicle and Equipment Replacement Fund).

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Ryan Spiegel, Council Vice President

Seconder: Michael Sesma, Council Member

For: Ryan Spiegel, Laurie-Anne Sayles, Michael Sesma, Robert Wu

Absent: Neil Harris

B. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for Inspection and Engineering Design for Bridges and Other Structures

This resolution authorized the City Manager to enter into a contract for the Inspection and Engineering Design for Bridges and Other Structures with Brudis & Associates Inc. (BAI), 9240 Rumsey Road, Suite C, Columbia, Maryland, 21045, in the amount of One Hundred Thirty-Nine Thousand Two Hundred Eighty-Five Dollars ($139,285); said funds to be expended from both the Operating and Capital Improvements Budget as follows: Fifty-Four Thousand Seven Hundred Eighty-Five Dollars ($54,785) from the Operating Budget, and Eighty-Four Thousand Five Hundred Dollars ($84,500) from the Capital Improvements Budget.

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Robert Wu, Council Member

Seconder: Ryan Spiegel, Council Vice President

For: Ryan Spiegel, Laurie-Anne Sayles, Michael Sesma, Robert Wu

Absent: Neil Harris

14. From City Attorney / Deputy City Manager / Other Staff

City Attorney Board

1. Recognized Municipal Clerk Stokes for organizing the IIMC Region II Conference. Reported that there were 83 participants from 6 states over the three-day conference. Thanked the Public Information and Legal Services staff for the “Social Media in the Digital World” presentation.

2. Reminded the public that the Board of Supervisors of Elections is scheduled to meet on Tuesday, January 17 to review the annual campaign finance disclosure statements and working on suggested changes to the election process for the upcoming joint work session with the Mayor and City Council scheduled for Monday, February 12.

15. Correspondence

A. Outside

16. Adjournment

There being no further business, the session was adjourned at 9:18 pm

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