Montgomery News

City of Gaithersburg Mayor and City Council met July 2.

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 Absent

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, Public Works Director Johnson, Economic Development Director Lonergan, Parks, Recreation and Culture Director Potter, Community Planning Manager Schwarz, Long Range Planning Manager Robinson, Planner I Howell, Project Manager Etters, Police Officer I Liddi, and Municipal Clerk Stokes. Planning Commission present for the joint public hearing: Bauer, Hopkins, Kaufman, Weich, and Wessell.

2. PLEDGE OF ALLEGIANCE

The pledge was led by Carolyn Ryan, newly hired Recreation Services Division Chief.

3. REFLECTION

Mayor Ashman noted that a moment of silence was taken during SummerFest on Saturday, June 30, but called for it again in honor of the five Annapolis Capital Gazette reporters killed on the job during a deadly attack on Thursday, June 28, 2018.

4. APPROVAL OF MINUTES

A. Regular Session held June 4, 2018

Motion was made to approve the above minutes, as amended.

RESULT: APPROVED AS AMENDED [UNANIMOUS]

MOVER: Neil Harris, Council Member

SECONDER: Ryan Spiegel, Council Vice President

FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

ABSENT: Laurie-Anne Sayles

B. Regular Session held June 18, 2018

Motion was made to approve the above minutes.

RESULT: APPROVED [UNANIMOUS]

MOVER: Michael Sesma, Council Member

SECONDER: Robert Wu, Council Member

FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

ABSENT: Laurie-Anne Sayles

5. PRESENTATIONS

A. Proclamation of the Mayor and City Council Designation June 2018 as "Parks and Recreation Month" in the City of Gaithersburg

Mayor Ashman issued a proclamation to remind Gaithersburg citizens of the importance of the City’s Department of Parks, Recreation and Culture’s facilities and programs. Accepting the proclamation were Parks, Recreation and Culture Director Potter and the following newly hired employees:

• Jenna Ashman, Program Coordinator with the Cultural Events and Services Division

• Lauren Hydorn, Aquatic Facility Supervisor

• Carolyn Ryan, Division Chief of Recreation Services

• Lisa Salvatore, Accounting Specialist

Each year, at the behest of the National Parks and Recreation Association, Congress proclaims July as “National Parks and Recreation Month.” This year’s theme, “A Lifetime of Discovery,” challenges children and adults to explore the “undiscovered” roles of local parks and recreation, like science, technology, engineering and math (STEM) programming; senior programs; innovative health and wellness opportunities; community celebrations; outdoor education; flood mitigation; maintenance; and more.

To celebrate this year’s theme, “A Lifetime of Discovery,” the City is offering a variety of unique opportunities in July:

• Open Houses at Parks, Recreation and Culture facilities, including a Ribbon Cutting of the newly constructed Side Garden at the Kentlands Mansion, July 12.

• Free Yoga, Tai Chi, and Zumba in the Parks

• Summer in the Garden programs at Constitution Gardens Park

• “Inquiring Minds” at the Community Museum

• Thursday Kids Concerts at 10:30 a.m., Evening Concerts at 6:00 p.m. at Concert Pavilion

• Movie Nights at Casey Community Center

• Performances at the Arts Barn

• SportsFest on July 14 at Bohrer Park

• A Military Miniature Golf Special at the Golf Course on July 15

• Canines & Cocktails in the Side Garden on July 19

• Discovery Day on the Olde Towne Plaza on July 22

• StoryTime at the Community Museum on July 24

• Skywatching Mars at Observatory Park on July 28

• Summer in the City Camps including School of Skate Clinics, Theatre Arts Afternoons, and Vocal and STEAM Mini Camps

Visit the City’s website for more information.

6. PUBLIC COMMENTS

There were no speakers from the public.

7. JOINT PUBLIC HEARINGS

A. CTAM-7950-2018: An Ordinance to Amend Chapter 24 of the City Code (City Zoning Ordinance), Article III, Entitled, “Regulations Applicable to Particular Zones”, Division 21, Entitled, “CBD Zone-Central Business District”, Section 24-160f.2., Entitled, “Uses Allowed”, to Amend Restrictions on Automotive and Self-Storage Uses

Planner Howell and Economic Development Director Lonergan presented for the above joint public hearing. The hearing was advertised in the June 14 and 21 issues of The Washington Post and posted on the City’s website. Currently, there are 18 exhibits in the record file. Staff proposed a text amendment to Chapter 24 of the City Code, which will amend the allowable uses in the Central Business District (CBD) Zone to allow automotive service uses as special exceptions except within the Olde Towne District, where they will continue to be prohibited. The amendment also proposed to prohibit self-storage facilities in the Olde Towne District.

The CBD Zone, which makes up all of Olde Towne, currently prohibits all types of automotive service uses. In recent years, staff has received inquiries about opening automotive service businesses on CBD Zone properties. In October 2016, staff was directed to investigate the matter and in November 2016, gave a presentation to the City’s Economic and Business Development Committee about expanding the zone to automotive service uses which the Committee expressed support. The amendment does comply with the Olde Towne Master Plan and recognizes the existing automotive service businesses in Olde Towne and recommends that those uses be allowed to remain as they provide valuable services to residents. The purpose of the amendment is to bring existing businesses into conformance with the Code while at the same time limit both automotive service and self-storage uses to where they are appropriate, which is outside of the commercial core of Olde Towne. Staff stated that self-storage facilities are currently permitted “by right” throughout the CBD Zone, including the Olde Towne District.

Staff further presented that automotive repair is a necessary function, but current zoning limits opportunities for these businesses in Gaithersburg. The use is compatible with the property characteristics of buildings and sites outside the Olde Towne District, small parcels alongside the railroad tracks and is unlikely to redevelopment into mixed use or other uses. Staff noted that these are viable businesses seeking to come into the district. Allowing repair facilities via special exception does encourage capital investment in small vacant industrial buildings and gives the City regulatory control for previously objectionable operating-related impacts, such as air emissions and disposal of oily waste products. Staff also noted that self- storage facilities do not complement retail businesses, does not generate pedestrian activity or help to prompt revitalization. In addition, said use generates minimal employment and tax revenue when compared with the amount of square footage the facilities occupy and would prevent future establishment of higher and better uses.

The proposed amendment would allow automotive, motorcycle, marine, truck repair and services and body repair shops as special exception uses except within the defined Olde Towne District. Within the Olde Towne District, automobile uses as well as self-storage facilities would be prohibited. Said text amendment does not address automobile sales which are prohibited throughout the CD Zone. In the commercial core of Olde Towne, the Master Plan calls for more pedestrian oriented uses and not light industrial in order to strengthen the main street feel of the area. Staff reiterated that the existing automotive businesses are legally non-conforming under the current code and can continue to operate as is but cannot expand or move into any space not previously occupied by automotive use. Any change for existing automotive service businesses in the CBD Zone, but outside the Olde Towne District, would trigger the need for a new use and occupancy permit. There would not be an impact on the existing self-storage facilities or on auto uses in the OIde Towne District. Staff added that with the special exception, the Board of Appeals must approve the use and provide additional oversight. On June 6, 2018, the Planning Commission voted to sponsor the proposed text amendment.

Some support was expressed for the text amendment recommended by staff but clarification was asked for gas stations and automotive sales. It was stated that staff had concerns with vehicle storage in regards to automotive sales. Staff was asked to avoid self-storage facilities at every entrance into Olde Towne Gaithersburg. Concerns were expressed with the special exception and the allowance of mixed uses in the CBD Zone, specifically the use of self- storage facilities. It was questioned whether a cap could be set to avoid a flood of such uses in the CBD Zone and reiterated that said use does not generate employment for the area.

City Attorney Board responded that additional restrictions can be included in the ordinance for this zone. It was reiterated and clarified that self-storage uses are permitted by right in the CBD Zone, but not the Olde Towne District. There was consensus from both the Mayor and City Council and Planning Commission to limit the amount of self-storage facilities due to the by right in the CBD Zone. It was noted that the text amendment would need to re-advertise and the public hearing process would have to start over if the City Council and Planning Commission wanted to make CBD Zone uses more restrictive. Staff mentioned that the ordinance was written to be proactive in regards to automotive uses, but reactive with the self-storage use in order to preserve the intent of the Olde Towne District. Staff was asked to provide more information on the businesses operating in the CBD Zone, the restrictions, special exceptions and what enforcements are in place.

Staff added that the Planning Commission can put conditions on the various uses during their recommendations. It was further stated that the Board of Appeals can also apply additional restrictions.

Speakers from the public:

1. Jose Blanco, 433 East Diamond Avenue, business owner in Olde Towne and in support of the text amendment to allow small businesses to expand and grow. Stated he began his business at 427, moved to 429 to expand, then to 431, now at 433. Stated he has had to deal with parking, delivery and traffic issues which don’t help his business grow. 2. Ashwani Arora, 403 East Diamond Avenue, questioned the implementation of the City’s Master Plan in Olde Towne Gaithersburg. Stated he has not seen progress for small businesses.

There were no other speakers from the public.

Motion was made to hold the Planning Commission record open until 5 p.m. on Wednesday, July 25, 2018 (23 days), with anticipated recommendation on August 1, 2018.

RESULT: PASSED [UNANIMOUS]

MOVER: Lloyd Kaufman

SECONDER: Matthew Hopkins

FOR: Bauer, Wessell, Hopkins, Weich, Kaufman

CTAM-7950-2018: An Ordinance to Amend Chapter 24 of the City Code (City Zoning Ordinance), Article III, Entitled, “Regulations Applicable to Particular Zones”, Division 21, Entitled, “CBD Zone-Central Business District”, Section 24-160f.2., Entitled, “Uses Allowed”, to Amend Restrictions on Automotive and Self-Storage Uses

Motion was made to hold the Mayor and City Council record open until 5 p.m. on Monday August 13, 2018 (42 days), with anticipated policy discussion on September 4, 2018.

RESULT: PASSED [UNANIMOUS] MOVER: Ryan Spiegel, Council Vice President SECONDER: Neil Harris, Council Member FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu ABSENT: Laurie-Anne Sayles

8. FROM MAYOR AND CITY COUNCIL

Robert Wu

1. Commended staff for a wonderful SummerFest event.

Michael Sesma

1. Echoed the success of SummerFest and the enhancements made to improve the event.

Thanked staff, sponsors and volunteers for coordinating.

2. Mentioned the Annapolis Capital Gazette victims and offered condolences to the families, staff and citizens of Maryland. He recognized the importance of local journalism in communities.

3. Wished all a Happy Independence Day, but cautioned the public to be safe due to the extreme heat. Reminded the public of the cooling centers located throughout the county.

4. Announced that a closed executive session was held at City Hall by the Mayor and City Council on Monday, June 18, 2018 at approximately 10:08 p.m., pursuant to a motion adopted unanimously. The meeting was proposed to be closed pursuant to the General Provisions Article of the Annotated Code of Maryland, Section 3-305(b)(1)(i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction. The topic discussed was a personnel matter to conduct the City Manager’s annual performance evaluation. Present at the meeting were Mayor Ashman, Council Members Harris, Sayles, Sesma, Spiegel, and Wu. City staff present were City Attorney Board and City Manager Tomasello (left at 10:50 p.m.). Upon conclusion of the discussion, the closed session was adjourned at approximately 10:55 p.m.

Ryan Spiegel

1. Stated SummerFest was a huge success and thanked staff and the many volunteers. Special thanks was extended to Governor Hogan for highlighting the City of Gaithersburg. He shared a moment he experienced with Mayor Ashman in 2017 and again during the 2018 SummerFest. While standing on the hill at approximately dusk, getting ready for the fireworks, looking out on the rolling green hills, together they took in the lovely scene of diversity, positive celebration, wonderful amenities, and the many staff and volunteers working to make the event great; noted this is what Gaithersburg is all about!

2. Mentioned that the interactive water fountain at the Olde Towne Park Plaza is up and running. Stated the summer hours are Tuesday through Saturday, 10 a.m. to 8 p.m. and Sunday, 12 noon to 8 p.m.

3. Wished the public a safe and Happy Independence Day!

Neil Harris

1. Echoed the comments of his colleagues on the tremendous SummerFest event.

2. Participated in the annual Quince Orchard Park Parade event.

3. Announced the upcoming Independence Day celebration in the Kentlands.

4. Provided a shout out to former Engineering Services Division Chief Ollie Mumpower who recently retired after 26 years of service to the City. Stated he will be missed.

5. Attended the annual meeting of the Kentlands Community Foundation and mentioned the farewell of Ruthzaly Weich as outgoing chair of said organization. Acknowledged the foundation for having another great year, their community effort, work, and many events.

6. Announced that he and Council Member Wu will participate in the Leadership Montgomery 2018-19 Core Class.

7. Asked staff to review the revenue reported in the Finance Departmental Monthly Report for accuracy.

8. Directed the public to the City’s website to check out the events, both past and present occurring throughout Gaithersburg.

Jud Ashman

1. Echoed the great comments made about Ollie Mumpower and the mark he left on Gaithersburg.

2. Stated that SummerFest was a proud moment for the City, celebrating America’s independence and hosting the Governor of Maryland. Noted the harmonious moment mentioned above by Council Vice President Spiegel and offered kudos to staff and volunteers.

3. Announced the Mayor and City Council will conduct a work session on Monday, July 9, to hold a FCC required public hearing for the Comcast Franchise renewal and a joint work session with the Planning Commission on the Corridor Development (CD) Zone survey results.

9. FROM CITY MANAGER

City Manager Tomasello

1. Stated that staff will review the Finance Departmental Monthly Report and get back to the Mayor and City Council with a response to the above question from Council Member Harris.

2. Reported that lead testing was done on water facilities and fountains throughout the City and all is fine and in compliance.

3. Reiterated that the Federal Communications Commission (FCC) does require a public hearing to have a cable franchise in Gaithersburg which is scheduled for Monday, July 9, 7:30 p.m. at City Hall.

4. Reported that the City recently drafted a policy on the use of organic herbicides/pesticides. A request had been sent to the Mayor and City Council regarding staff investigating the sidewalks and gardens outside of City Hall. Discussion with staff led to the scheduling of an upcoming work session on July 23, to present and further discuss the herbicide/pesticide use on City properties. Staff will seek guidance from the Mayor and City Council on the proper balance.

10. ECONOMIC DEVELOPMENT UPDATE

Economic Development Director Lonergan

1. Received notification from Avison Young Brokers that the County had renewed its lease for the Montgomery County Board of Elections located at 18753 North Frederick Avenue, Gaithersburg, Maryland.

2. Mentioned that the Olde Towne Park Plaza water feature has passed inspection and is successfully operating. Kids and families have been enjoying the added option for summer fun. He noted that the project is largely completed but not entirely. Acknowledged those involved to get the project done (Michele Potter, Michael Johnson, Sandra Gross, Nate Simpson, Sharon Disque and Nansie Wilde). A ribbon cutting ceremony will be held on Thursday, July 26 at 11:45 a.m. The Park Plaza is currently open daily from 10 a.m. to 8 p.m., not operating on Mondays. Weekend schedule is from 12 noon to 8 p.m.

11. ORDINANCES / RESOLUTIONS / REGULATIONS

A. Resolution of the Mayor and City Council Authorizing the City Manager to Amend the Contract for Roadway Resurfacing, Curbs, Sidewalks and Miscellaneous Appurtenances

This resolution authorized the City Manager to amend the original contract with Olney Masonry Corporation, 6701 Ammendale Road, Beltsville, Maryland 20705, to allow for yearly funding levels, in an amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000); said funds to be expended from both the Operating and Capital Improvements Budgets as follows: One Hundred Thousand Dollars ($100,000) from the annual Operating Budget and One Million Three Hundred Thousand Dollars ($1,300,000) from the Capital Improvements Budget.

On November 2, 2017, the Mayor and City Council approved a resolution to enter into a contract with Olney Masonry Corporation. The contract was awarded for a one (1) year term with the option for four automatic one (1) year renewals. Staff sought to adjust the start period for the contract renewals to align with the beginning of the fiscal year (July 1). In addition, staff would like to amend the compensation total to a not to exceed amount of $1,400,000, of which $1,300,000 will be paid from the Capital Improvement Budget and $100,000 to be paid from the Operating Budget. The $1,300,000 amount matches the yearly funding level for the pavement management program to maintain our road network at its current Pavement Condition Index (PCI) level. The $100,000 matches the yearly funding level for sidewalk repair and replacement. This work only moves forward based on Mayor and City Council funding appropriations and program approvals.

Motion was made to approve the above resolution.

RESULT: PASSED [UNANIMOUS]

MOVER: Neil Harris, Council Member

SECONDER: Ryan Spiegel, Council Vice President

FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

ABSENT: Laurie-Anne Sayles

B. Resolution of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for Mowing and Related Landscape Services

This resolution authorized the City Manager to enter into a contract for mowing and related landscape services with Lancaster Landscapes, LLC, 5019-B Backlick Road, Annandale, Virginia 22003, in an amount not to exceed One Hundred Forty-One Thousand Six Hundred Forty Dollars ($141,640); said funds to be expended from the Capital Improvements Budget.

A mowing contractor was hired on July 31, 2017, but was terminated on December 31, 2017, due to poor performance. Lancaster Landscapes Inc., was the second lowest responsive and responsible Bidder. In order to complete the services for the FY18 mowing season, the City entered into a short term contract with Lancaster Landscapes Inc., for the period of April through June of 2018. This was done using Purchase Order No. 2018284. Lancaster Landscapes Inc., provided satisfactory service during this period and the City desires to enter into a contract with Lancaster Landscapes Inc., for the period July 1, 2018 through June 30, 2019, and then for one (1) additional fiscal year ending on June 30, 2020. The cost of the contract will be $131,639.10 per fiscal year. In addition, funds not to exceed $10,000, shall be added to the contract amount, which will be designated for add-on properties.

Motion was made to approve the above resolution.

RESULT: PASSED [UNANIMOUS]

MOVER: Neil Harris, Council Member

SECONDER: Robert Wu, Council Member

FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

ABSENT: Laurie-Anne Sayles

C. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Revocable Maintenance License Agreement with the United States Department of Commerce "DOC," National Institute of Standards and Technology (NIST) for the Maintenance of a Shared Use Path on NIST Property Adjacent to MD 124

This resolution authorized the City Manager to negotiate and execute a Revocable Maintenance License Agreement with NIST for the maintenance of a shared use path adjacent to MD124. The City of Gaithersburg has been working with the Maryland State Highway Administration, Montgomery County and the National Institute of Standards and Technology to construct a path along Quince Orchard Blvd. (Highway 124). This section of the path is along the east side of Quince Orchard Road from approximately Dosh Drive to West Diamond Avenue (Highway 117) and is a critical missing link along Quince Orchard Road.

Deputy City Manager Enslinger mentioned that the four entities involved in the project (Maryland State Highway Administration, Montgomery County, City of Gaithersburg, and the National Institute of Standards and Technology), worked together to provide land, easements or right-of-way to allow for construction of the project. The four entities entered into an agreement on July 7, 2017 outlining the roles and responsibilities of each party. As part of the agreement, the City provided $90,000 for property/easement acquisition costs. In addition, the City agreed to negotiate a Maintenance License Agreement which would define the maintenance roles and responsibilities for NIST and the City. The draft Revocable Maintenance License Agreement spells out the various responsibilities and commitments of each entity. Key responsibilities and commitments for the City are to agree to maintain the path improvements after the two-year warranty period has expired. To aid in the ease of maintenance of the facility, NIST and the City have agreed to change some of the maintenance responsibilities for the property adjacent to NIST which is further outlined in Exhibit C of the agreement. Because of the pervious pavement construction materials, staff anticipates a higher maintenance cost comparative to other paths within the City. The path will require periodic vacuuming to maintain the pervious nature of the path. Staff is in the process of developing a cost estimate for the future maintenance of the facility. Construction will begin in the Fall of 2018 providing connectivity from Great Seneca Highway to Clopper Road.

Motion was made to approve the above resolution.

RESULT: PASSED [UNANIMOUS]

MOVER: Neil Harris, Council Member

SECONDER: Ryan Spiegel, Council Vice President

FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

ABSENT: Laurie-Anne Sayles

D. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with Montgomery County Maryland for the Use of Development Impact Tax Funds

This resolution authorized the City Manager to negotiate and execute a Memorandum of Understanding ("MOU") with Montgomery County, Maryland for the use of Development Impact Tax Funds. County Code states that impact tax revenues collected from, and separately accounted for, developments located within the City of Gaithersburg must be used only to fund transportation improvements listed in a MOU between the County and the City, which must be approved by the Montgomery County Council.

Deputy City Manager Enslinger noted that the City and County currently have an existing MOU dated June 5, 2006. Said MOU provides for a list of eligible projects which may be funded through impact tax revenues. Staff has been working with Montgomery County since July of 2015 to replace the existing list of eligible projects. This MOU which represents a wider range of potential projects have been approved by City and County legal counsel and will replace the June 5, 2006 MOU. Mr. Enslinger stated that future revisions to the MOU will be necessary as the Bus Rapid Transit Line along MD 355 moves further into development. Currently, only the Locally Preferred Alternative Planning Study is funded under the MOU.

Motion was made to approve the above resolution.

RESULT: PASSED [UNANIMOUS]

MOVER: Neil Harris, Council Member

SECONDER: Michael Sesma, Council Member

FOR: Ryan Spiegel, Neil Harris, Michael Sesma, Robert Wu

ABSENT: Laurie-Anne Sayles

12. FROM CITY ATTORNEY / DEPUTY CITY MANAGER / OTHER STAFF

City Attorney Board

1. Provided an update on the pending proceedings of the Federal Communications Commission (FCC) that could potentially supersede local government rights to control the municipality’s rights of way for small cell facilities. Reported that she attended a meeting on July 28 with FCC staff and served on a panel of five attorneys representing the Smart Communities Coalition. The meeting was well received and the National League of Cities (NLC) is working on a follow-up tour with FCC Commissioners and staff. Decisions are anticipated in September/October 2018.

Mayor Ashman noted that City Attorney Board represented not only the City of Gaithersburg, Maryland, but Los Angeles, California, Washington, D.C. and Ann Arbor, Michigan. Appreciation was expressed by the Mayor and City Council for Gaithersburg’s leadership on this issue and for key staff displaying their skills and expertise on this topic. During the NLC Summer Leadership Forum, it was mentioned that the League would like to use Gaithersburg as an example to show the challenges of small cell deployment.

13. CORRESPONDENCE

A. Staff

B. Outside

14. DEPARTMENTAL MONTHLY REPORTS

A. May 2018

15. ADJOURNMENT

There being no further business, the session was adjourned at 8:51 PM

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