City of Gaithersburg City Council met April 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;
Planning Commissioners present for the joint public hearing: Hopkins, Kaufman, Weich, Wessell, and Winborne. Staff present: City Manager Tomasello, Deputy City Manager Enslinger, City Attorney Board, Assistant City Attorney Johnson, Planning and Code Administration Director Schlichting, Economic and Business Development Director Lonergan, Planning Division Chief Schwarz, Long Range Planning Manager Robinson, Planner I Howell, GIS Planner Eby, Public Works Operations Administrator Stevens, Project Manager Etters, Sustainability Coordinator Backe, Community Facility Manager Smith, Police Officer III Grubic, and Municipal Clerk Stokes.
2. Pledge Of Allegiance
The pledge was led by Carolyn Bass, Senior Advisory Committee Chair.
3. Reflection
Mayor Ashman called for a moment of silence and expressed condolences to Delegate David Fraser Hidalgo after the sudden passing of his wife.
4. Approval Of Minutes
A. Regular Session held January 16, 2018
Motion was made to approve the above minutes.
Result: Approved [Unanimous]
Mover: Laurie-Anne Sayles, Council Member
Seconder: Robert Wu, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
B. Regular Session held February 5, 2018
Motion was made to approve the above minutes.
Result: Approved [4 To 0]
Mover: Laurie-Anne Sayles, Council Member
Seconder: Ryan Spiegel, Council Vice President
For: Ryan Spiegel, Neil Harris, Laurie-Anne Sayles, Michael Sesma
Abstain: Robert Wu
C. Regular Session held February 20, 2018
Motion was made to approve the above minutes.
Result: Approved [4 To 0]
Mover: Michael Sesma, Council Member
Seconder: Neil Harris, Council Member
For: Neil Harris, Laurie-Anne Sayles, Michael Sesma, Robert Wu
Abstain: Ryan Spiegel
D. Regular Session held March 19, 2018
Motion was made to approve the above minutes.
Result: Approved [Unanimous]
Mover: Ryan Spiegel, Robert Wu
Seconder: Michael Sesma, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
E. Joint Work Session held March 26, 2018
Motion was made to approve the above minutes.
Result: Approved [Unanimous]
Mover: Neil Harris, Council Member
Seconder: Robert Wu, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
F. Regular Session held April 2, 2018
Motion was made to approve the above minutes.
Result: Approved [Unanimous]
Mover: Laurie-Anne Sayles, Council Member
Seconder: Michael Sesma, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
5. Presentations
A. Proclamation of the Mayor and City Council Designating April 2018 as "Gaithersburg Green Month" and May 16, 2018, as "Arbor Day" in the City of Gaithersburg
Mayor Ashman issued a proclamation designating April 2018 as "Gaithersburg Green Month" and May 16, 2018, as "Arbor Day" in the City of Gaithersburg. Environmental Affairs Committee (EAC) Chair Doug Wolf accepted the proclamation and announced the following Green Month activities to celebrate and improve the environment, including environmental awards, cleanups, planting projects, and family events:
• Community Green Up Day was held on Saturday, April 14th, from 9 a.m. until noon. Hundreds of volunteers joined together to participate in City cleanups.
• The annual Environmental Awards Ceremony was held earlier this evening at City Hall. The Mayor and City Council and the EAC presented awards to businesses, non- profits, schools, churches, and homeowners associations that are working to improve our environment.
• During Make a Difference Day on Tuesday, April 25th, residents are encouraged to use less and do more for the environment. Suggestions on ways to make a positive difference can be found on the City’s website.
• Environmental Film Night on Sunday, April 22nd, at 7 p.m., the EAC presents a special free screening of the film “A Plastic Ocean.” This documentary explores the newest discoveries regarding how plastics in the oceans “break up into small particulates that enter the food chain where they attract toxins like a magnet.” Please join us at the Gaithersburg Arts Barn.
• Gaithersburg’s Arbor Day Celebration will be held at an area school on Wednesday, May 16th, where the City will receive its 29th annual Tree City USA award, and Mayor Ashman will donate a tree to a school.
B. Proclamation of the Mayor and City Council Designating May 2018 as "Older Americans Month" in the City of Gaithersburg
Mayor Ashman, joined by Community Facility Manager Smith, issued a proclamation designating May 2018 as "Older Americans Month" in the City of Gaithersburg. Every May, the Administration on Aging, part of the Administration for Community Living, leads our nation's observance of Older American's Month. The 2018 theme, Engage at Every Age, emphasizes that you are never too old (or young) to take part in activities that can enrich your physical, mental, and emotional well-being. It also celebrates the many ways in which older adults make a difference in our communities. The City will celebrate Older American’s month with its 10th Annual Active Aging Expo scheduled for Monday, May 7, at the Activity Center at Bohrer Park from 9 a.m. - 2 p.m. The day will include interactive demonstrations, preventive screenings, educational lectures and opportunities for pampering. Valuable information will also be provided by the nearly 80 different businesses, government agencies and non-profit organizations. The City expressed appreciation to this year's Title Sponsor, Asbury Methodist Village, for their continued support. Holy Cross Hospital of Germantown and Adventist Healthcare were acknowledged as major sponsors. Present to accept the proclamation was Senior Advisory Committee Chair Carolyn Bass.
6. Public Comments
1. Mayor Ashman recognized Senator Cheryl Kagan who was in attendance. She thanked the City Council and staff for their ongoing partnership and continued support. Council Vice President Spiegel was acknowledged for his work in Annapolis and with the Maryland Municipal League (MML). Reported on the flood alert received from Montgomery County. Stated that she plans to be more involved with the community.
2. Laura Stevens, 422 Belle Grove Road, thanked the City for recognizing communities and businesses during Green Month. Asked that the greenspace at Kelley Park not be taken away due to the proposed selected site for a new Montgomery County Public School (MCPS). Urged the Mayor and City Council to say no.
3. Jinny Shenk, Whetstone Run resident, opposed to the proposed school site selected by MCPS, urged the City Council to advocate for keeping the park which serves community activities.
4. (inaudible) Chan, Whetstone Run resident, reiterated the concerns expressed above to save Kelley Park. Mentioned she gathered signatures on a petition to save the park.
7. Public Hearings
A. An Ordinance to Adopt the City Budget for Fiscal Year July 1, 2018 Through June 30, 2017, and Levying an Ad Valorem Tax on all Assessable Property Within the City of Gaithersburg, Maryland
Director of Finance and Administration Walker provided an overview of the City's Fiscal Year 2019 proposed budget ordinance. The FY19 budget was advertised in the March 29, 2018 issue of The Washington Post. The Ordinance establishes the FY19 City Budget, which provides a complete financial plan, including anticipated revenues, and proposed expenditures. In addition, staff reviewed the 25% fund balance minimum for reserves of unassigned fund balance vs. target. It was noted that the Gaithersburg is a pay-as-you-go City. Several changes were made in preparing the City's Capital Improvements Plan (CIP) Budget to be proactive for long term fund balance needs and CIP projects.
The Ordinance also institutes the ad valorem tax on all assessable property within the City of Gaithersburg, Maryland. The ad valorem tax has been set at a rate of $.262 on each $100 of assessed value of real property and $.53 on each $100 of assessed value of personal property.
For the second year, the City conduct a virtual budget public forum and received over 60 responses and feedback from the public and the Mayor and City Council which has been incorporated and are aligned with budget priorities. The budget continues to be aligned with the goals of the Strategic Plan. Since FY11 there have been no proposed changes to the property tax rate. Compared to other municipalities with populations over 10,000, the City’s tax rate is the lowest within the State of Maryland. From an overall spending perspective, approximately 58% of the City’s budget relates to personnel or Other Post Employment Benefit (OPEB) which represents payments to a trust for health insurance coverage for employees after retirement. Approximately 20% of the budget is for operating expenditures and 19% is related to capital purchases. Staff reported on the City’s revenue with 70% representing taxes (property, income, hotel amusement) and intergovernmental and shared taxes from the state and county. Another category is reappropriation which represents reserve funds and fund balances on hand. The FY19 Budget overview consisted of the Operating Budget $53.5 million, Capital Improvements Plan (CIP) $10.9 million, OPEB Trust $2.9 million, Stormwater $1.2 million, Asset Replacement $2.2 million, and Housing Program $0.2 million; totaling $70.9 million. This represents a 4.5% increase over FY18. Revenues changes were highlighted showing growth up $948,400 from local property taxes due to property value appreciation; shared taxes up $565,300; and decreases in licenses and permits down $835,900 due to a lull in development which is expected to continue through next year’s budget cycle. Overall, reappropriation is expected to increase approximately $7.9 million. The uses of the fund balance over the last 10 years were reviewed showing a decrease in the results due to use of savings for major expenditures for capital improvement projects over the years. Finance and Administration Director Walker noted that staff is also seeing some of the use of fund balance being used for operational uses, not just capital transfer. She noted that staff will continue to monitor the unassigned fund balance (maintained at a 25% level) which doesn’t have a designated purpose, but provides the City working capital funding. Discussion was had in regard to budgeting more realistic projections for spending and revenue balances.
Staff highlighted the City’s FY19 Strategic Plan (available online) that could have a budgetary impact as follows:
• Identify “Citizen Ambassadors” and coordinate outreach activities
• Support repositioning and/or redevelopment of Lakeforest Mall
• Renegotiate the three party Olde Towne garage operating agreement to meet future City needs
• Complete comprehensive housing study
• Implement a Police Cadet program to increase efforts to recruit local youth for potential future officer positions
• Finalize reconfiguration of the rolling stock in the Community Museum complex and develop programming for Olde Towne Park Plaza
• Complete construction of the Lakelands Drive and Orchard Ridge Drive stream restoration projects
• Include new pathway management system for survey and assessment of sidewalks and paths as part of the pavement management collection process
• Begin construction of the new Police Station and Mayor & City Council Chambers
• Begin construction of the park at the former Consumer Product Safety Commission (CPSC) site
Speaker from the public:
1. Lloyd Kaufman, Gaithersburg resident and member of the Planning Commission, spoke on the inadequate pedestrian crosswalks and lighting on Kentlands Boulevard and the lack of performance of the traffic calming circles within the Kentlands Commercial District. Asked that the issues be addressed to ensure the safety of its residents and a positive economic impact. He requested that sufficient funds be allocated in the FY19 Budget.
There were no other speakers from the public.
The budget work sessions are open to the public and have been scheduled for:
• Monday, April 23, 2018, 7:30 p.m., City Hall Council Chambers
• Tuesday, April 24, 2018, 7:30 p.m., City Hall Council Chambers (if necessary)
Citizens and organizations may submit written comments and requests to the Mayor and City Council at 31 South Summit Avenue, Gaithersburg, Maryland 20877. Submissions will be accepted until the public hearing record closes on Wednesday, May 9, 2018 at 5:00 p.m.
Copies of the proposed budget and fee schedule are available online at: www.gaithersburgmd.gov and paper copies may be requested from the Finance and Administration Department of City Hall.
Motion was made that the Mayor and City Council public hearing record remain open until 5 p.m. on Wednesday, May 9, 2018.
Result: Passed [Unanimous]
Mover: Neil Harris, Council Member
Seconder: Ryan Spiegel, Council Vice President
For: Spiegel, Harris, Sayles, Sesma, Wu
8. Joint Public Hearings
A. Sketch Plan: SK-7837-2018 to Establish a New Sketch Plan for the Market Square Shopping Center
Long Range Planning Manager Robinson presented the above for joint public hearing. Notice of the hearing was advertised in the March 29 and April 5, 2018 issues of The Washington Post, property posted, notifications mailed, and placed on the City’s website. There are currently 16 exhibits in the record. Kimco Realty submitted the Sketch Plan application SK-7837-2018, proposing to establish a new sketch plan for the Market Square Shopping Center, in accordance with § 24-160D.9(a) “Application for the MXD Zone and sketch plan approval” of the City Code. The application proposes caps up to 1,200,000 square feet of commercial / non-residential uses and up to 1,614 residential units on approximately 21 acres.
For the public, staff explained what is addressed during sketch plan review once an application is received and its intent. Stated it is the first step in the mixed use development zone process. The sketch plan provides the overarching framework for all subsequent plans. It reflects the general compliance with any master plan recommendations for the property as it relates to land uses, heights, etc. It lays out the broad design pattern and connectivity network, and establishes the range of allowable heights, the commercial and residential densities and the collection of uses allowed. It affords the greatest flexibility as it may be in place for years, if not decades. Details such as architecture and design guidelines, parking, school and traffic tests and adequate public facilities ordinance facets, engineer, road design and streetscape are all addressed through the subsequent schematic development plans and final site plans. Mr. Robinson reiterated that the presented plan layouts the broadest framework of the sketch plan.
Karen Garfield, Kimco Realty, Director of Development, reported that meetings were held with various groups, stakeholders and members of the community to better understand and gain insight to the Kentlands and issues to address. The applicant went before the Planning Commission to review long term plans for the property. Stated that the Master Plan outlines the mix of uses, accessible and connected places, quality public realm and plan for incremental change that would encourage sustainable develop and a framework to build out the property over the years. Circulation, open space strategies, and expanded sidewalks created at the site are good business practices. In addition, the types of uses, number of units, parking, building heights and compatibility with surrounding uses located on Blocks A through J of the property were reviewed.
The proposed plan provides a mixed-use community divided into nine “Blocks” including residential, commercial, and retail uses. The sketch plan further envisions appropriately scaled and located proposed open spaces and a street grid that promotes and enhances connectivity to the surrounding area for vehicles, pedestrians, and bicycles. The plan is designed based upon the goals and vision of the Kentlands Boulevard Commercial District Special Study Area Master Plan. The proposed four phasing for development is driven by existing tenants and market demands over a period of time, 5 to 30 year vision.
Speakers from the public:
1. Marilyn Balcombe, Gaithersburg-Germantown Chamber of Commerce (GGCC) President, expressed support for the sketch plan on behalf of the Chamber, but would like to see some of the proposed ideas. Asked for integration between the proposed Kimco Realty and Saul development projects. Concerns were expressed with parking for retailers and the impact on schools and traffic.
2. John Ingrassia, 705 Kent Oaks Way and Kentlands Downtown Working Group Chair, mentioned the groups charge. Added that Market Square is viewed as the town square and requested assurance that it will be protected as part of the development.
There were no other speakers from the public.
Members of the City Council and Planning Commission expressed concerns and had questions with what was proposed regarding: building heights, visibility impact on small businesses, live/work units and the compatibility with proposed building structures, minimum and maximum number of units, parking concentration, pedestrian safety, integration of more green and open space, preserving pedestrian thoroughfare and connectivity in Block J, sight of parking structures, and the importance of wayfinding and signage. The suggestion was made to provide some design guidelines, photographs, and diagrams which would be useful to know the intent and give a glimpse of the proposed facades, streetscapes, vehicular circulations, open space, and walkability of the project. It was further requested to possibly know the intentions and timing of short term plans. Clarification for the public was given that any specific plan for development for each of the above mentioned blocks would be required to go through the City’s public hearing process. In addition, a vote by the Mayor and City Council would be required approving a site development plan.
Motion was made that the Planning Commission hold their record open until 5 p.m. on Friday, May 25, 2018 (39 days) with anticipated recommendation June 6, 2018.
Result: Passed [Unanimous]
Mover: Matthew Hopkins
Seconder: Ruthzaly Weich
For: Winborne, Hopkins, Wessell, Kaufman, Weich
Motion was made that the Mayor and City Council hold their record open until 5 p.m. on Friday, June 22, 2018 (67 days) with anticipated policy discussion July 16, 2018.
Result: Passed [Unanimous]
Mover: Michael Sesma, Council Member
Seconder: Ryan Spiegel, Council Vice President
For: Spiegel, Harris, Sayles, Sesma, Wu
9. From Mayor And City Council
Robert Wu-
1. Participated in Green Up Day with his family. Commended staff for their work getting trees delivered to the Parklands community.
2. Attended the Environmental Awards earlier in the evening. Expressed kudos to all the recipients.
3. Attended, with colleagues, the DiverCity Showcase event. Expressed kudos to the Multicultural Affairs Committee (MAC), all staff and the participants for a great event.
4. Reported on the off-site work session held April 9 at Manna Foods Center. Stated it was very informative and stressed the importance in addressing the needs of the community.
Michael Sesma-
1. Participated in the Green Up Day event with the St. Rose of Lima’s Environmental Action Team.
2. Thanked staff and the MAC for the DiverCity Showcase.
3. Attended, with colleagues, the memorial service for District 15 Delegate David Fraser Hidalgo’s late wife.
4. Mentioned the recent 4:30 a.m. alarm, stated the importance of such alerts which can save lives. He noted the considerable flooding from the recent rainfall. Urged residents to sign up for Gaithersburg Alerts.
Ryan Spiegel-
1. Mentioned the importance of recognizing individuals and businesses during Green Month.
2. Thanked Senator Cheryl Kagan for speaking earlier in the evening and for her continued support during the legislative session.
3. Reported that Delegates Barve and Gilchrist attended the Environmental Awards. Thanked Delegate Barve for his work assisting with the Highway User Revenue (HUR) bill.
4. Thanked the neighborhoods that participated in the recent Council in the Communities meeting.
5. Participated in Green Up Day with his family. Thanked the organizers of the event.
6. Announced the upcoming Paws in the Parks event scheduled for Saturday, April 22 at Bohrer Park.
7. Echoed comments about the off-site work session and noted the important role of the agencies, donors and faith communities.
Neil Harris-
1. Echoed comments about the off-site work session and reiterated the importance of the nonprofit agencies.
2. Mentioned that the Environmental Awards serve a great function in encouraging people to be more involved in environmentally friendly activities.
3. Announced the Transportation Committee meeting scheduled for Tuesday, April 17, 7 p.m., at the Public Works facility.
4. Announced that he is scheduled to speak at the GGCC Economic Development Committee meeting on Wednesday, April 18 to discuss the topic “Are We Stuck in Traffic?”
5. Suburban Maryland Transportation Alliance, which advocates for transportation improvements, held a meeting on Thursday, April 12 for candidates running for County Executive. Mentioned another event for County Council candidates scheduled for May 3.
Laurie-Ann Sayles-
1. Attended the recent Council in the Communities meeting and recognized staff’s involvement.
2. Provided a presentation at Gaithersburg Middle School regarding misuse of social media and its impact on the community. Plans to work with the Educational Enrichment Committee to integrate social media into the Character Counts! contest that is held annually.
3. Mentioned the off-site work session. Thanked the nonprofits and staff for their important role and partnership to anticipate the needs of the community.
4. Attended her alma mater, University of Baltimore, to participate in the Omicron Delta Kappa initiation. Mentioned that Council Vice President Spiegel is a fellow member.
5. Announced she participated in a volunteer service event with A Wider Circle in honor of National Volunteer Service Week. Encourage residents to get involved with the City and local communities.
6. Echoed the excellence of the DiverCity Showcase event.
7. Attended the Better Maryland Listening Session, hosted by the Maryland Department of Planning, where long term goals planned around the State were discussed. More information on their plans may be found on their website: abettermaryland.gov.
8. Mentioned the upcoming Active Aging Expo event scheduled for Monday, May 7.
Jud Ashman-
1. Echoed the reports from his colleagues above.
2. Reminded the public about the Gaithersburg Book Festival scheduled for May 19, noon to 6 p.m. Mentioned the many events offered and the authors scheduled to attend including Alice McDermott, Madeline Miller, Mark Bittman, John Feinstein, Dan Santat, Gayle Foreman, Phyllis Reynolds Naylor, E.J. Dionne, Bill Press, Erin Russell, Aimee Molloy, and Robert Sabuda. Stated that event will be televised on CSPAN. For more information visit gaithersburgbookfestival.org.
10. From City Manager
Tony Tomasello-
1. Reported on the purchase of the automatic holsters for the Body worn Cameras that were purchased for the Gaithersburg Police Department. Stated that the holsters would be activated when an officer’s Taser or firearm is removed from its holster. Clarification was requested on when cameras are turned on currently.
2. Responded to the comments made by Planning Commissioner Kaufman, stated that funding will be allocated in the next budget.
3. Reported that the Olde Towne Plaza will be up and running in the next month. Stated that this space might be the first to offer public WiFi.
4. Received a draft franchise agreement from Comcast which staff will review. Stated that a public hearing will be scheduled for an upcoming meeting.
5. Mentioned the recent meeting with Montgomery County Public Schools representatives regarding the Kelley Park school proposal. Staff plans to come before the Mayor and City Council for staff guidance on Monday, May 21.
11. Economic Development Update
Thomas Lonergan-
1. Welcomed Green Cross Cell representatives to Gaithersburg on Friday, April 13. Stated that they recently signed a Memorandum of Understanding with Governor Hogan to establish a subsidiary in Maryland which the State will then in return provide incentives.
2. Thanked City Manager Tomasello for the report on the Olde Towne Park Plaza and acknowledged Business Services Coordinator Disque, GIS Planner Eby, and Project Engineer Gross for their work on the project.
3. Announced the Enterprise Zone application for designation was submitted to the State. Stated that the City should receive a response in 30-60 days.
12. Ordinances / Resolutions / Regulations
A. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract to Purchase Eight (8) City Fleet Vehicles
This resolution authorized the City Manager to award a contract to purchase eight (8) City Fleet Vehicles from Hertrich Fleet Services, 1123 Industrial Parkway, Denton, Maryland 21629, in the amount of Three Hundred Sixty-Six Thousand Five Hundred Four Dollars ($366,504); 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: Michael Sesma, Council Member
Seconder: Neil Harris, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
B. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract to Renovate the Sports Field Lighting System at Walker Field
This resolution authorized the City Manager to enter into a contract for the renovation of the existing sports field lighting system for Walker Field, in the amount not to exceed Three Hundred Forty-One Thousand Nine Hundred Thirty-One Dollars ($341,931); said funds to be expended from the Capital Improvement Plan Budget.
Staff noted that it is necessary to replace the light poles, as a precautionary measure. The lights have surpassed their expected 25 year lifespan. The new lighting system will consist of LED lights, which are more efficient then the existing metal halide lights. City Manager Tomasello added that the engineer had determined that the existing lights at Kelley Park are hazardous and will also need to be replaced.
Motion was made to approve the above resolution.
Result: Passed [Unanimous]
Mover: Michael Sesma, Council Member
Seconder: Robert Wu, Council Member
For: Spiegel, Harris, Sayles, Sesma, Wu
13. Policy Discussions
A. 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 above follow-up policy discussion for final action by the Mayor and City Council. An application was submitted by Saul Holdings Limited Partnership, requesting approval of Schematic Development Plan SDP-7712-2017, in accordance with the MXD (Mixed Use) zone Section 24-160D.9.(b)(2) (Application for schematic development plan approval) 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 proposed 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. On December 6, 2017, the Planning Commission recommended approval with one (1) condition in addition to the two recommended by staff, requiring the proposed drive thru aisle be reconfigured to not cross any sidewalks. During the January 16, 2018 Mayor and City Council Policy Discussion, the City Council expressed its desire to see how the applicant would satisfy the Planning Commission’s proposed condition regarding the drive-thru, and voted to re-open its record indefinitely to further discuss. Following said meeting, the Planning Commission also re- opened their record and the applicant later submitted a revised drive-thru layout and an updated statement (Exhibits 61 and 62). The Planning Commission closed its record on March 9, 2018 and reviewed the revised layout, recommending approval of the plan with the following three (3) conditions required of the applicant:
1. As part of any final site plan application, the Applicant must revise the limits of disturbance shown on the stormwater management plan and must provide mitigation as required by the Department of Public Works;
2. As part of the final site plan approval of two infill site buildings, either separately or concurrently, the Applicant must install any incomplete pedestrian streetscape and landscape improvements along the drive aisle; and
3. Prior to any final site plan approval, applicant is to revise the layout of the drive-thru so that the ingress/egress points do not cross pedestrian walkways.
It was stated that the revised plan provides retail, pedestrian connectivity, additional parking without having to cross the drive thru, outdoor seating areas and other amenities. The applicant was commended for the new configuration and the revised plan.
Several City Council members expressed concerns with the proposed plan drive thru retail, inadequate parking, the drive aisle, turning points, accessing the facilities, pedestrian safety, compatibility to create a walkable environment and future mix of retail uses. Brian Downie representing the applicant, noted that there is underutilized parking and a traffic count was done during different periods of the day.
The Mayor and City Council record closed at 5 p.m. on April 3, 2018.
Motion was made to approve the above resolution as amended by the applicant with the conditions of the Planning Commission.
Result: Failed [2 To 3]
Mover: Ryan Spiegel, Council Vice President
Seconder: Neil Harris, Council Member
For: Ryan Spiegel, Neil Harris
Against: Laurie-Anne Sayles, Michael Sesma, Robert Wu
14. From City Attorney / Deputy City Manager / Other Staff
City Attorney Board-
1. Provided an update on the Pepco Rate Case proceedings filed on January 2, 2018, Pepco sought $41M of additional increases. On Friday, April 13, the Public Service Commission ordered a stay in the proceedings. Pepco is realizing a significant savings due to the Federal Tax Reform Act. The parties in the case have been contacted and a settlement agreement is being drafted for the case. Preliminary drafts have been seen, possibly resulting in a reduction in some of their rates. Until a settlement agreement in the case is met, the Commission has agreed to stay the proceedings.
A follow-up report was provided on April 24 by City Attorney Board: The parties have reached a settlement; the Commission will hold two public hearings to receive public comment on the settlement agreement. The hearings will be held on May 14 in Prince George’s County and in Montgomery County on May 22, 6:30 p.m., 1st floor Auditorium of the Montgomery County Executive Office Building. The City will include information on its website.
Planning and Code Administration Director Schlichting
1. Stated that following the Policy Discussion above and failed motion on SDP-7712-2017: Kentlands Square Infill Sites, applicant Saul Holdings has requested that the Mayor and City Council reopen their record for the applicant to submit another plan.
Motion was made to reopen the Mayor and City Council record indefinitely on SDP-7712- 2017.
Result: Passed [Unanimous]
Mover: Michael Sesma, Council Member
Seconder: Ryan Spiegel, Council Vice President
For: Spiegel, Harris, Sayles, Sesma, Wu
15. Correspondence
A. Outside
16. Adjournment
There being no further business, the session was adjourned at 10:30 pm
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