Montgomery News

City of Gaithersburg Mayor and City Council met September 4.

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, Economic Development Director Lonergan, Parks, Recreation and Culture Director Potter, Planning and Code Administration Director Schlichting, Community Planning Manager Schwarz, Greg Mann, Long Range Planning Manager Robinson, Planner I Howell, Planner I Forbes, Planner l Roakes, Clinical Supervisor Jansky, Director of Community & Public Relations Monaco, Community Services Division Manager Herndon, Community Services Program Coordinator Contreras, Planner II Berger, Cultural Events and Services Division Chief Kayser, Police Officer III Lane, and Municipal Clerk Stokes.

2. Pledge Of Allegiance

The pledge was led by Keriann Panno.

3. Reflection

Mayor Ashman called for a moment of silence.

4. Approval Of Minutes

A. Regular Session held July 16, 2018

Motion was made to approve the above minutes.

Result: Approved [4 To 0]

Mover: Michael Sesma, Council Member

Seconder: Ryan Spiegel, Council Vice President

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

Abstain: Robert Wu

5. Presentations

A. 2018 Second Quarter Employee Recognition Award

City Manager Tomasello joined by Mayor Ashman, recognized the winner of the 2018 Second Quarter Employee Recognition Award, Christopher Berger, Department of Planning and Code Administration. Chris was nominated for his research, planning, coordination, and execution of the 2018 Historic Element of the Master Plan document. In preparing the document, Chris conducted an exhaustive study on the economic benefit of historic preservation. He also coordinated meetings with the City’s Historic District Commission, Planning Commission, and the Mayor and City Council for review and public comment. The completed document incorporated Chris’ study as well as details of every historic property within the City, all potential historic properties that could be designated in the future, photographs, and a number of suggested policies and programs to further Historic Preservation in the City. The 2018 Historic Element of the Master Plan document not only explains why historic preservation should be sought in the City, but also provides a tangible way for historic preservation to aid in the City’s goals of development and quality of life. The State of Maryland Historic Trust, which oversees all of the historic programs throughout the state, has requested permission to use the document as a standard of best practices for other jurisdictions. Chris enthusiastically executed this project while maintaining his usual high level of work and productivity.

B. Certificates of Recognition Presented to Asbury Methodist Village Resident Participants and Winners of the Maryland Senior Olympics

Mayor Ashman presented certificates of recognition to residents of Asbury Methodist Village who participated in the Maryland Senior Olympics. Each year, the Maryland Senior Olympics offers around 100 events through two dozen sports for residents over the age of 50. The top three finishers in each event win medals. The games are conducted in partnership with Montgomery County Recreation, Howard County Recreation and Parks, Montgomery Parks, and Prince George's County Recreation and Parks. The following Asbury Methodist Village residents that participated and won medals were: Artha Jean Snyder, Bing Garthright, Carmine Castellano, Dave Crum, Earl Sulmonetti, George Huson, Gerald Hanson, Jim Brandenburg, Jim Kline, John Locke, Larry deLorimier, Melvin Ketchel, Patty King, Peg Lawrence, and Rosemarie Manger-Tilney.

C. Proclamation of the Mayor and City Council Designating September, 2018 as "Alcohol and Drug Addiction Recovery Month" in the City of Gaithersburg

Mayor Ashman issued a proclamation designating September, 2018 as "Alcohol and Drug Addiction Recovery Month" in the City of Gaithersburg. The theme this year is "Join the Voices for Recovery: Invest in Health, Home, Purpose, and Community." The observance will highlight inspiring stories that can help people from all walks of life find the path to hope, health and wellness. Accepting the proclamation were Clinical Supervisor Jansky and Resident Alex F.

D. Proclamation of the Mayor and City Council Designating September 17, 2018 as "Citizenship Day" in the City of Gaithersburg

Mayor Ashman issued a proclamation designating September 17, 2018 a "Citizenship Day" in the City of Gaithersburg. The City of Gaithersburg is proud of its reputation as a diverse community, one that opens its arms to immigrants from around the globe who have come to this country seeking a better life for themselves and their families. The commitment to inclusiveness includes efforts to encourage the pursuit of naturalization for those who are eligible. Accepting the proclamation were Celia Rivas with the Spanish Catholic Center and Diane Vu, representing the Montgomery County Citizenship Initiative Coalition.

E. Proclamation of the Mayor and City Council Designating September 17-23, 2018 as "Constitution Week" in the City of Gaithersburg

Mayor Ashman issued a proclamation designating September 17-23, 2018 as "Constitution Week" in the City of Gaithersburg. On September 17, 1787, 39 delegates approved and signed the Constitution and sent it to the then Congress of the Confederation of the United States. On September 28, Congress sent the Constitution to the states. Maryland was the seventh state to ratify on April 28, 1788. On June 21, 1788, New Hampshire became the ninth state to ratify the document, which made for a two thirds majority. The last four states approved the constitution by May 29, 1790. The ten amendments that are the Bill of Rights became effective on December, 15, 1791. In 1955, the Daughters of the American Revolution petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. This September 17th will mark the 231st anniversary of the signing of the Constitution. Accepting the proclamation from the Daughters of the American Revolution, Goshen Mills Chapter members: Karma Beal, Kay Penn and Francie Whitlock and from the Hungerford’s Tavern’s Chapter member Kathryn George.

F. Presentation of the 2017 Annual Planning Report

Planning and Code Administration Director Schlichting reported on the final 2017 Annual Planning Report. The General Assembly under Section 1-207, Land Use Article of the Annotated Code of Maryland, requires all planning commissions and planning boards with planning and zoning authority to prepare and submit an annual report worksheet for the 2017 calendar year. On June 21, 2018, the annual report worksheet was forward to the City Council for review. The final illustrative report included information about development that occurred in the City of Gaithersburg occurring January 1, 2017 through December 31, 2017. The Planning Commission reviewed the final document during their June 20, 2018 meeting. Staff was recognized from the various departments/divisions: Planning and Code Administration, Office of Economic Development, Environmental Services, and Geographic Information System (GIS).

6. Public Comments

There were no speakers from the public.

7. From Mayor And City Council

Neil Harris-

1. Commended the organizers of the following events: Gaithersburg-Germantown Chamber of Commerce (GGCC) for their annual Golf Night, Montgomery County Coalition for the Homeless fundraiser, Kentlands/Lakeland 5k, and the Labor Day Parade.

2. Extended well wishes to the students going back to school.

Laurie-Anne Sayles-

1. Mentioned the community trust resolution approved by the City and its importance for all residents.

2. Recognized and congratulated all the proclamation and award recipients from earlier in the evening.

3. Participated in Fitness Week at the Benjamin Gaither Center.

4. Thanked Parks, Recreation and Culture Director Potter for proving a tour of all the parks and facilities.

5. Attended the National League of Cities (NLC) Economic Community Development Committee meeting in Fort Worth, Texas. Mentioned their 5-year Strategic Economic Development Plan, which took two years to complete.

6. Attended her first Labor Day Parade and expressed thanks to staff and volunteers.

Ryan Spiegel-

1. Mentioned the importance of Constitution Week and the necessary education. Urged citizens to read the Constitution in its entirety.

2. Expressed condolences to the family of former Senator John McCain.

3. Echoed thanks and commended staff, volunteers and partners on the many events held throughout the community.

4. Wished the Jewish Community a Happy New Year!

Michael Sesma-

1. Thanked those that took the time to educate the public on the Constitution.

2. Congratulated and thanked the Kentlands Community Foundation, Kentlands Citizens Assembly, Lakelands HOA, sponsors, volunteers, and participants of the Kentlands/Lakelands 5K event. Stated that this was his thirteenth 5K.

3. Stated the Labor Day Parade was a great event.

4. Attended with colleagues the grand opening of Sephora in the Downtown Crown area.

5. Reported that the City of Gaithersburg received the NLC Greatest Selfie Award.

Robert Wu-

1. Echoed congratulations on the many events.

Jud Ashman-

1. Notice was given to the public that the Mayor and City Council will not conduct a work session on Monday, September 10, 2018.

2. Announced that the next Regular Session of the Mayor and City Council is scheduled for Monday, September 17, 2018, 7:30 p.m., at City Hall.

3. Mayor Ashman requested a motion to conduct a closed executive session.

8. Closed Executive Session

A. Closed Executive Session Announcement

Motion was made to conduct a closed executive session, Tuesday, September 4, 2018, immediately following the scheduled session 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 to discuss is a personnel matter to conduct the City Attorney’s annual performance evaluation.

Result: Passed [Unanimous]

Mover: Robert Wu, Council Member

Seconder: Michael Sesma, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

9. From City Manager

City Manager Tomasello

1. Reported on the City’s Recycling Contract and policy changes which have caused contractors to ask for renegotiations. Stated that the City’s vendor has not requested this yet, but this could be an issue coming to the forefront.

10. Economic Development Update

Economic Development Director Lonergan

1. Reported there are over 2,100 hotel rooms and over 13 hotels in the Gaithersburg area. Shared the healthy increased occupancy rate.

2. Council Member Sesma mentioned the upcoming short term rental work session discussion scheduled for September 24, 2018.

3. Council Vice President Spiegel questioned hotel tax revenues and the possible impact on the City's budget. Staff responded that the outlook is positive.

11. Ordinances / Resolutions / Regulations

A. Introduction of an Ordinance to Amend Chapter 6B of the City Code, Entitled, “Gaithersburg Arts and Monuments Funding Corporation Inc.”

Cultural Events and Services Division Chief Kayser presented the proposed ordinance amending Chapter 6B of the City Code for introduction. The Gaithersburg Arts and Monuments Funding Corporation (GAMFC) is a 501(c)(3), tax exempt, charitable organization whose mission is to heighten the awareness of revitalization and arts initiatives within the City of Gaithersburg and to raise funds to support those programs and initiatives. GAMFC was incorporated and received a 501 (c)(3) designation in 2004. The proposed amendments would expand the scope of this organization to also benefit City recreation and parks programs, projects, facilities and initiatives. To reflect this change, the GAMFC name would change to Gaithersburg Parks, Arts and Recreation Corporation or G-PARC; and qualifications for the members of the board of director would be amended to include members that represent not only the arts, but also parks and recreation. Staff noted that requirements for an appointment to the Board of Directors would include individuals representing each of the three focus areas (arts, parks and recreation). It was recommended to have volunteers from various neighborhoods.

Staff mentioned that GAMFC has raised funds in support of the following groups: Gaithersburg Book Festival; Gaithersburg Chorus; Art in Public Places, Arts Barn; Gaithersburg Community Museum, Cultural Events; and the Benjamin Gaither Center. GAMFC is strictly for fundraising and not involved with the operation and planning of said groups. In response to financial reporting questions, staff stated that GAMFC does provide a financial annual report to the City’s Finance and Administration Department and the ending balance for FY18 was $110,253. It was suggested to provide a briefing as part of the budget or strategic planning.

The benefits of G-PARC would be to organize and leverage efforts to support parks, recreation and culture under one organization; centralize the coordination of development efforts with the City’s overall strategic planning; formalize a fundraising mechanism to offer a more cohesive effort; and offer more opportunities for community impact.

City Attorney Board mentioned the existing Articles of Incorporation and Bylaws will need to be amended as part of the process and come before the Mayor and City Council for consideration during Policy Discussion. Said documents will detail the membership of the Board of Directors and the required appointment process. Even though GAMFC is a 501(c)(3), tax exempt, charitable organization, it is set up by federal law to allow City support and participation, a unique being under the Internal Revenue Service code.

Staff recommended the Mayor and City Council vote to introduce the ordinance and notify the public of the hearing scheduled for Monday, October 1, 2018.

Motion was made to introduce the above ordinance.

Result: Passed [Unanimous]

Mover: Robert Wu, Council Member

Seconder: Michael Sesma, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

B. Resolution of the Mayor and City Council Establishing a Fee in Lieu for Developments in Any Enterprise Zone Established Pursuant as of July 21, 2008

This resolution established a formula-based calculation equaling 5.25 percent of the relevant County impact fees based upon housing type, unless otherwise exempted. Staff requested this percentage fee apply to every development, redevelopment or conversion from non- residential to residential project located within the original Enterprise Zone, except for the pending redevelopment of 315 East Diamond Avenue (“the Fishman Site”). As required by the Affordable Housing Ordinance, the implementing Regulations will be amended to reflect this formula-based calculation. The Affordable Housing Ordinance (Chapter 24, Article XVI) exempts residential developments in the Central Business District portion of the Olde Towne Enterprise Zone. Instead, developers are required to pay a per-unit fee for every dwelling unit in the project. Established by Regulation, that fee was set at $1.00 in 2007 with no increase in the intervening years. To date, the City has collected a fee-in-lieu of $389 from the developers of Archstone Apartments. The Mayor and City Council, as well as staff, agreed that the $1.00 fee is too low, and that raising the fee to an appropriate level would not discourage or curtail development in Olde Towne Gaithersburg. A higher fee would supplement the Housing Initiatives Fund which supports projects and investments to increase affordable housing opportunities throughout the City. In April 2018, staff presented a proposal to the City Council that, if adopted, would tie the required payment to County impact fees assessed on all new residential developments. Assuming a slight revenue loss when Moderately Priced Dwelling Units (MPDUs) are required, staff determined that an equivalent fee-in-lieu would be appropriate when MPDUs are not a required component of a project. MPDUs rent for approximately 35 percent below market rate units in a new construction project. Unless exempt, developers must provide 15 percent as MPDUs resulting in an estimated loss to revenue of 5.25 percent.

Motion was made to approve the above resolution.

Result: Passed [Unanimous]

Mover: Robert Wu, Council Member

Seconder: Neil Harris, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

12. Policy Discussions

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,” so as to Amend Restrictions on Automotive and Self-Storage Uses

Planner I Howell presented the above for final action. The subject text amendment proposed to amend the allowable uses in the CBD Zone allowing automotive service and repair as a special exception, except within the Olde Towne District. The amendment proposes to prohibit both automotive service and repair as well as self-storage facilities in the Olde Towne District. The purpose of the amendment is to (1) provide a path for automotive service and repair uses to become a conforming use within the CBD Zone, and (2) limit both automotive service and self-storage uses to where they are most appropriate, which is outside of the commercial core of Olde Towne.

A joint public hearing was held on July 2, 2018. The question of whether or not auto sales could be allowed as an accessory use was brought up during the hearing. Currently, all sales are prohibited. For sales to be allowed as an accessory use, the language in the draft ordinance would need to be amended. An accessory use must be customarily incidental and subordinate to the principal auto repair and service use. Thus, sales as an accessory use to an auto repair and service use would only extend to those vehicles that were created or modified on-site. Additionally, a special exception use gives the Board of Appeals the ability to limit the number of “for sale” vehicles on site or prohibit sales altogether based on the context of the site. The Planning Commission recommended approval of CTAM-7950-2018 with the proposed change to allow auto sales as an accessory use only to an auto repair and service use during their August 1, 2018 meeting. The Mayor and City Council’s record closed at 5 p.m. on August 13, 2018.

Two draft ordinances for CTAM-7950-2018 were prepared. The original draft presented at the joint public hearing does not allow sales as an accessory use and the second draft ordinance was amended to reflect the Planning Commission’s recommendation to allow sales as an accessory use only. Subject to the Mayor and City Council’s approval of the proposed ordinance, staff would propose the adoption of a new fee for the special exception of the automotive uses at a future meeting. Council Member Wu requested additional information to amend to Sec. 24-160F.2(b)(c).

Motion was made to adopt the amended version with the Planning Commission's recommendation.

Result: Passed [Unanimous]

Mover: Robert Wu, Council Member

Seconder: Neil Harris, Council Member

For: Spiegel, Harris, Sayles, Sesma, Wu

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

City Attorney Board

1. Reported that the Maryland Municipal League (MML) and Maryland Association of Counties (MACo) have a meeting with the small cell industry on a proposed bill during the upcoming legislative session. Mentioned there are still major concerns regarding municipalities. Staff plans to attend the meeting and keep the Mayor and City Council updated as it moves forward.

2. Reported that on August 3, 2018, the Federal Communications Commission (FCC) entered an order dealing with small cells, but only a limited portion of it. Mentioned that the order prohibited local governments from imposing moratorium on the small cell industry. Crown Castle’s filing with the FCC argued that Gaithersburg has imposed an effective moratorium because of the City’s actions. Staff is concern with how the FCC is defining the moratorium issue in their recent order. The Small Cities Coalition, which Gaithersburg is part of, has filed a reconsideration request on that ruling and also plans to file an appeal. Staff will continue to follow the issue.

Deputy City Manager Enslinger and Long Range Planner Robinson

1. Sought guidance on whether the Mayor and City Council want to provide comment on the Phase I study to widen I-495 and I-270. The Traffic Relief Plan is part of the Governor’s Public, Private Partnership Program (P3) for the I-495 to the I-70 Corridor. The impact of Gaithersburg is approximately one mile (I-270 – I-370 area). The study is going to follow the National Environmental Policy Act. Stated there have been 15 alternatives announced by the State. Staff stated that there will be other stages looking at the alternative analysis. All 15 alternatives will not be selected, but followed by a scoring and comment period to narrow down the alternatives to best fulfill the needs and purpose. During this time, the City will have an opportunity to provide comments and recommendations. The Phase II portion has not been announced, but staff has made some recommendations.

Staff was asked that points made in the memorandum dated August 29th be incorporated. It was suggested to wait until the formal comment period to evaluate the alternatives. Several members believe the City should provide comments and layout the City’s position right away and later emphasize it again once Phase I is understood.

There was consensus to avoid going out of the existing rights-of-way with the I-270 widening to lessen the impact on property owners, narrow down the alternatives, include Phase I and II together, and request designation as an agency for Phase II. It was suggested to advocate for looking at a holistic approach for both phases. Further suggestions were made that the City be a participating agency and combine the two studies (roadway expansion and BRT). Staff noted that it is unlikely that the State would combine the studies due to having to start the process over. All agreed that Phase I will impact Phase II. The Mayor and City Council expressed interest in having greater input and let the City’s position be known early in the process. Staff agreed with the Mayor and City Council’s request to move Phase II up in the study process and received direction to draft comments for review.

14. Correspondence

A. Outside

15. Adjournment

There being no further business, the session was adjourned at 9:34 pm

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