A CHARACTER COUNTS! CITY CITY OF GAITHERSBURG
MINUTES OF A REGULAR CITY COUNCIL MEETING
APRIL 17, 2000
A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor Katz presiding. Council members present: Bohrer, Davis, and Somerset. Absent: Alster and Edens. Staff present: Assistant City Manager Felton, Assistant City Manager Baseheart, Public Works, Parks Maintenance and Engineering Director Arnoult, Economic Development Director Tomasello, Finance and Administration Director Belton, Parks and Recreation Director McGleish, Urban Design Director Wagner, City Attorney Abrams, and Administrative Assistant Stokes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Parks and Recreation Director McGleish.
INVOCATION
The invocation was delivered by The Reverend Kathie Bauerle Berg, Interfaith Counseling, Gaithersburg, Maryland.
APPROVAL OF MINUTES
Motion was made by Councilwoman Bohrer, seconded by Councilwoman Somerset, that the minutes of a Mayor and Council meeting held April 3, 2000, be approved.
Vote: 2-0-1 (Abstained: Davis) APPOINTMENTS
Resolution Confirming an Appointment to the Animal Control Board
This resolution confirmed the appointment of Bernadette Rogers, 3815 Baker Valley Road, Frederick, Maryland 21704, to the Animal Control Board as a representative of the Montgomery County Veterinary Medical Association, term to expire April 2003.
Motion was made by Councilwoman Somerset, seconded by Councilwoman Bohrer, that a RESOLUTION OF THE CITY COUNCIL CONFIRMING AN APPOINTMENT OF THE MAYOR TO THE CITY OF GAITHERSBURG ANIMAL CONTROL BOARD (Resolution No. R-32-00) be approved.
Vote: 3-0
CONSENT ITEMS
1. Resolution Authorizing the City Manager to Grant an Easement to Potomac Electric Power Company (PEPCO)
This resolution authorized the City Manager grant an easement to PEPCO for the installation and maintenance of underground electrical facilities on property owned by the City on South Summit Avenue, as set forth in the easement documents for PEPCO, project number 8515915. The placement of underground electrical facilities will serve the Olde Towne Pavilion and the Post Office.
2. Resolution Authorizing the City Manager to Grant an Easement to Cable TV Montgomery This resolution authorized the City Manager to grant an easement to Cable TV Montgomery which is currently upgrading and replacing its underground cables in the City of Gaithersburg. This easement will allow new TV cable to be installed on City owned property across Inspiration Dam in the Kentlands.
Motion was made by Councilwoman Bohrer, seconded by Councilwoman Somerset, that the Consent Agenda (Resolution Nos. R-33-00 and R-34-00) be approved.
Vote: 3-0
PRESENTATIONS
Courtesy Review of SDP-W5A and W-1116(A) – Washingtonian North Property
Urban Design Director Wagner presented a brief overview of the site. He stated the property is zoned MXD, noting the plan was originally approved for Manugistics Corporation. He stated the developer of the site is seeking approval from the Planning Commission to build an access road and stormwater management pond in order to proceed with the project. He added, the amendment also deals with the footpaths in relationship to the buildings and a proposed increase in height of the buildings from nine to ten stories. Mr. Wagner recommended a land swap of the portion being proposed for future parking on the north corner of the property to the front of the parcel on the south side to improve the esthetics of the site. He stated the Planning Commission is scheduled to review the proposal on April 26, 2000.
Representatives from Boston Properties presented the proposed amendments and major changes to the site plans for each building in relation to parking and the paths. They stated they would like to begin construction of the road access, to provide better traffic flow, and the stormwater management pond in order to seek commitments for office space from future tenants. They stated they had studied the buffer and shadow concerns raised by residents.
The Mayor and City Council expressed concerns including constructing the road before having users for the site, as well as changing the height and location of the approved buildings. They urged the Planning Commission to consider the impact on the residential neighborhoods when the plan comes before them for approval. The Council also asked that the Commission, along with Boston Properties, reach a compromise for all involved without violating legal obligations. The Council also requested approvals for the access road and stormwater management pond be separate from the approval of the building height increase being proposed.
City Attorney Abrams stated the courtesy review before the Mayor and Council this evening is an amendment to a previously approved schematic development plan which included building heights of nine stories. He explained that Boston Properties would need to receive approvals on a site-by-site basis for all three buildings being proposed in the plan.
PUBLIC APPEARANCES
Austin Decker, 7 Watch Hill Court, stated he is in favor of the Washingtonian Property concept, but not in favor of the amended changes, mainly the building height increase. He questioned the ability to lease the space.
Mark Hackman, 64 Appleseed Lane, stated concerns with the lack of privacy of residents caused by the size of the proposed buildings. He urged the Council to lower the height of the buildings or move them closer to Sam Eig Highway, away from residential properties.
David Kaysen, 1086 West Side Drive, asked that the Washingtonian site be reviewed from an aerial view and a topographical map. He urged the Council to limit the number of parking spaces required so that it is not overbearing to the residential neighborhoods. He also suggested that a dimensional height be reviewed on each of the buildings.
Mr. Kaysen also reported a maintenance issue with the removal of dead trees at Malcolm King Park. Mayor Katz asked Public Works, Parks and Maintenance and Engineering Director Arnoult to provide a preliminary review on work that needs to be performed at the park.
CapuNet Vice President Chuck Wilsker, 6000 Executive Boulevard, Rockville, Maryland, stated he is in favor of open internet access, however the requested the Council include a provision in the cable transfer franchise language to require Comcast to provide open access to the cable system in Gaithersburg once it is offered to other municipalities.
Tom Patton, 26 Brookes Avenue, inquired about dates for a charrette on the redesign of neighborhood streets.
Assistant City Manager Felton stated tentative dates are May 25 and June 5, 2000.
Comcast, Inc., Counsel Wes Heppler, responded to the request of Mr. Wilsker (CapuNet). He stated that Comcast would be unable to include the provision to provide open internet access until market and technical evaluations had been studied in the future. He stated Montgomery County would likely receive open access before other areas.
FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS
Councilwoman Bohrer
1. Commented on the drug prevention education programs that have been conducted at area schools over the last twelve years that entertain as well as educate students. She noted she and Councilwoman Somerset attended this year’s program which featured a group called Positive Air. She complimented the City staff, schools, Bell Atlantic, and the community for their efforts and participation in the program.
2. Read a letter sent to the Mayor in appreciation of his attending Career Day at Fields Road Elementary School recently.
Councilwoman Somerset
1. Stated she and Councilman Alster attended a Council in the Communities meeting at Park Summit. They expressed concerns with the Washingtonian Property project and related traffic issues.
2. Announced upcoming events.
Councilman Davis
Announced vacancies on various Boards, Commissions, and Committees.
Mayor Katz
1. Reported a town meeting was held with the Montgomery County Council at Gaithersburg Middle School on April 12, 2000. He stated it was well attended with much open discussion.
2. Stated a work session will be held Monday, April 24, 2000, when an Annapolis Report/District 17 Presentation will be heard.
FROM THE ASSISTANT CITY MANAGER
Announced that the ad for the FY 2001 Budget did not properly reflect the total proposed expenditures which is $32,487,914. The ad will be re-published in the Gaithersburg Gazette on April 19, 2000. He stated staff will forward the proposed budget along with an updated draft strategic plan to the Council.
Stated the work session for the District 17 Presentation will also include a report on what occurred during the recent legislative session in Annapolis. He stated the scheduled work session on the Kentlands Barn will be conducted at a later date.
ORDINANCES AND RESOLUTIONS
Resolution Approving the Transfer of the City Cable Television Franchise
Attorney Jim Baker joined the Mayor and City Council on the dias to answer legal questions regarding the transfer of the cable television franchise from Prime Cable to Comcast, Inc. Economic Development Director Tomasello gave a brief presentation recommending approval of the transfer, stating the company has agreed to improve customer service, provide a bilingual team of customer service representatives to resolve service problems, make improvements to signal quality, expand distribution of the City’s channel, provide a definition of benchmark dates concerning the upcoming renewal process, and provide public service spots on the regional cable system. He recommended the City review the results of the open internet access issue being conduct by the State before making it available.
Motion was made by Councilwoman Bohrer, seconded by Councilman Davis, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL APPROVING THE TRANSFER OF THE CITY CABLE TELEVISION FRANCHISE FROM PRIME COMMUNITICATIONS TO COMCAST CABLE (Resolution No. R-35-00) be approved.
Vote: 3-0
Resolution Awarding Matching Grants to Various Communities
This resolution awards grants to the following communities: Orchard Glen, landscape enhancements; and Brighton HOA, Deer Park Place, landscape enhancements and new lights poles, in the amount of Nine Thousand Nine Hundred Dollars ($9,900); said funds to be expended from the Capital Improvements Budget.
Motion was made by Councilwoman Somerset, seconded by Councilwoman Bohrer, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL AWARDING MATCHING GRANTS TO VARIOUS COMMUNITIES FOR NEIGHBORHOOD IMPROVEMENTS (Resolution No. R- 36-00) be approved.
Vote: 3-0
Introduction of an Ordinance to Adopt the City Budget for FY 2001
Finance and Administration Director Belton stated a public hearing to adopt the City Budget for FY 2001 will be held May 1, 2000, and at that time, the City Manager will present the proposed budget to the Mayor and City Council and the citizens of Gaithersburg. Following the hearing, several budget work sessions have been scheduled as follows: Monday, May 8, 2000, 6:30 p.m. to 9:30 p.m., Activity Center at Bohrer Park at Summit Hall Farm; Wednesday, May 10, 2000, 6:30 p.m. to 9:30 p.m., Casey Community Center; and Wednesday, May 17, 2000, 6:30 p.m. to 9:30 p.m., Casey Community Center. He stated the schedule will be listed on the City’s cable channels, website, and Answer Line.
Motion was made by Councilman Davis, seconded by Councilwoman Bohrer, that AN ORDINANCE TO ADOPT THE CITY BUDGET FOR THE FISCAL YEAR JULY 1, 2000, THROUGH JUNE 30, 2001, AND LEVYING AN AD VALOREM TAX ON ALL ASSESSABLE PROPERTY WITHIN THE CITY OF GAITHERSBURG, MARYLAND, be introduced.
Vote: 3-0
Notification to Establish a Constant Yield Tax Rate for FY 2001
Finance and Administration Director Belton announced a public hearing will also be held May 1, 2000, to establish a constant yield tax rate for the City of Gaithersburg for FY 2001.
Introduction of a Resolution Authorizing the Annexation of 5.25 Acres of Land – Betty Brown Casey Trust Property
Motion was made by Councilwoman Bohrer, seconded by Councilman Davis, that a RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF GAITHERSBURG AUTHORIZING THE ANNEXATION OF 5.25 ACRES OF LAND ADJACENT TO THE PRESENT CORPORATE LIMITS, KNOWN AS THE BETTY BROWN CASEY TRUST PROPERTY, LOCATED AT THE NORTHWEST QUADRANT OF MARYLAND ROUTE 355 WITH SHADY GROVE ROAD/I-370 ADJACENT TO O’NEILL DRIVE, be introduced.
Vote: 3-0
ADJOURNMENT
There being no further business to come before this session of the City Council, the meeting was duly adjourned at 9:00 p.m.
Respectfully submitted,
Doris Stokes
Administrative Assistant
