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The City has published the agenda for the Monday, February 5 regular meeting of the Mayor and City Council. From my perspective, there are three items of particular interest: The return of the City Manager’s Day Laborer report, further discussion funding for the review of the Kentlands Commercial Special Study Area (this has been contentious in the past), and a report on the Mayor and Council’s strategic planning retreat. I do also note the lack of any agenda item regarding the anti-solicitation ordinance. This could come up in the City Manager’s day laborer report.

Agenda - Mayor and City Council Meeting, 2/5/2007
Posted 2/2/2007

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, FEBRUARY 5, 2007, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Rick Price, First Church of Christ, Scientist

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City Council Held January 16, 2007

Background Material (pdf format)

V. APPOINTMENTS

Resolution of the City Council Confirming an Appointment and Reappointments by the Mayor to the Beautification Committee, Commission on Landlord/Tenant Affairs, Education Committee, and Multicultural Affairs Committee
Background Material (pdf format)

VI. PRESENTATIONS

1. Gaithersburg Celebrates African American History Month With a Tribute to Dr. Marsha Coleman Adebayo, “The Woman Who Dared,” Sponsored by the Multicultural Affairs Committee
2. Civil Air Patrol Presentation
3. Annual Report on Historic Preservation in the City of Gaithersburg
4. City Manager Report on the City’s Strategic Planning Retreat Held January 19-20, 2007
   2007 Draft Strategic Plan (pdf format)

5. City Manager’s Day Laborer Report
6. Discussion on Process, Timing and Funding for Review of Kentlands Commercial Special Study Area
   Background Material (pdf format)

VII. PUBLIC APPEARANCES
(public is invited to speak on any subject that is not a public hearing topic on tonight’s agenda - each speaker three minutes)

VIII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

• Board/Commission/Committee Vacancy Update
• Upcoming City Events

IX. FROM THE CITY MANAGER

X. ORDINANCES, RESOLUTIONS, AND REGULATIONS
(ordinances, resolutions, and regulations to be introduced or adopted following appropriate procedures required by the City Code, or resolutions that may require discussion by the Mayor and Council prior to approval)

1. Resolution of the Mayor and City Council Authorizing the City Manager to Purchase Fiberglass Sculptures for the All Aboard the Art Train Public Art Project ($38,650)
   Background Material (pdf format)

2. Resolution of the Mayor and City Council Awarding a Matching Grant to Washingtonian Towns Homeowners Association ($3,750)
   Background Material (pdf format)

XI. POLICY DISCUSSION AND STAFF GUIDANCE
(discussion by the Mayor and Council about previous public hearing topics and other policy matters)

T-380 - An Ordinance to Amend Chapter 24 of the City Code Entitled "Zoning," Article III Entitled "Regulations Applicable to Particular Zones,” Division 15 Entitled “I-3 Zone, Industrial and Office Park,” to Eliminate Redundant and Conflicting Provisions and Renumber Accordingly (Ready for Final Action)

Background Material (pdf format)

XII. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF

Staff Recommendation to Close the Mayor and City Council Record on Z-303(o), Proposal to Rezone 1.2099 Acres of Land, Currently Known as Lot P-87, the Duane Property, Located Off Game Preserve Road Between Arrowsmith Court and Travis Avenue in the City of Gaithersburg, From the Existing C-2 (General Commercial) Zone to the E-1 (Urban Employment) Zone, Under the Optional Method of Rezoning, in Accordance With §24-196 (map amendments) and §24-198 (optional method) of the City Code
Background Material (pdf format)

Staff Guidance on Memorandum Dated February 1, 2007. for Residential “Parking By Permit Only” for a Portion of Brighton Drive

Background Material (pdf format)

XIII. ADJOURNMENT

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THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
WILL BE HELD TUESDAY, FEBRUARY 20, 2007, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE

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UPCOMING COUNCIL MEETING AND WORK SESSION ITEMS
This list is not all-inclusive, and does not reflect priorities or scheduling But is intended to provide a glance at future items to come before the City Council.

Feb 20 Meeting:

Presentations

-Introduction of New Police Officers
- Humane Society
- National CC! Week Adult Heroes Writing Contest

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WORK SESSION ANNOUNCEMENT

Notice to the general public is hereby given that the Mayor
and City Council of the City of Gaithersburg will conduct a
Joint Work Session on Monday, February 12, 2007, to discuss:

Z-304, an Application to Rezone 14.157 Acres of Land, Currently Known as Part Parcel A Lots N-943; N-994; N-888; & N-939, the Broadstone Apartments, Located at the Intersection of MD 355 and West Deer Park Road in the City Of Gaithersburg, From the Existing R-20 (MEDIUM DENSITY RESIDENTIAL) Zone to the CD (Corridor Development) Zone, in Accordance With §24-196 (Map Amendments) and §24-160G.6 (Procedure for Application and Approval) of the City Code

SDP-06-004, the Applicant Requests the Redevelopment of 14.157 Acres of Land,Currently Known as Part Parcel A Lots N-943; N-994; N-888; & N-939, the Broadstone Apartments, Located at the Intersection of MD 355 and West Deer Park Road in the City of Gaithersburg, Proposed Plan Includes 334 Multi-Family Units, 53 Townhomes, and 28 Two-Over-Two Units

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A bill — House Bill 2589 — before the Arizona State House and intended to limit solictation by day laborers, has moved out of committee.

Mary Jo Pitzl writes in The Arizona Republic:

The day-laborer bill makes it a trespassing offense if anyone blocks a public right of way to solicit a job or hire a day laborer. It also toughens penalties for this kind of trespassing on both public and private properties, making it a Class 1 misdemeanor punishable by up to six months in jail or a maximum fine of $2,500.

But several of the Republicans questioned what good the bill would do, since existing trespassing laws are not enforced.

“I don’t see how this is going to fix the problem,” said Rep. Bill Konopnicki, R-Safford. “I don’t think this really deals with the issue.”

Kavanagh has a related bill, HB2588, that proposes to regulate the day-labor business transaction.

The relevent text from House Bill 2589 states:

1. A person commits criminal trespass in the first degree by knowingly:

   …

   7. STANDING OR REMAINING UNLAWFULLY ON ANY PUBLIC HIGHWAY, PUBLIC STREET OR OTHER PUBLIC PROPERTY AND OBSTRUCTING OR IMPEDING VEHICLE OR PEDESTRIAN TRAFFIC FOR THE PURPOSE OF SOLICITING PERSONAL EMPLOYMENT OR EMPLOYMENT OF ANOTHER BY OFFERING TO PROVIDE LABOR OR SERVICE IN EXCHANGE FOR MONEY OR OTHER THINGS OF VALUE OR FOR THE PURPOSE OF SOLICITING LABOR OR SERVICE FROM ANOTHER PERSON BY OFFERING THE PAYMENT OF MONEY OR OTHER THINGS OF VALUE.
   8. STANDING OR REMAINING UNLAWFULLY ON ANY PRIVATE PROPERTY AFTER A REASONABLE REQUEST TO LEAVE BY THE OWNER OR ANY OTHER PERSON HAVING LAWFUL CONTROL OVER SUCH PROPERTY, OR REASONABLE NOTICE PROHIBITING ENTRY, FOR THE PURPOSE OF SOLICITING PERSONAL EMPLOYMENT OR THE EMPLOYMENT OF OTHERS BY OFFERING TO PROVIDE LABOR OR SERVICE IN EXCHANGE FOR MONEY OR OTHER THINGS OF VALUE OR FOR THE PURPOSE OF SOLICITING LABOR OR SERVICE FROM ANOTHER PERSON BY OFFERING THE PAYMENT OF MONEY OR OTHER THINGS OF VALUE.
2. SUBSECTION A, PARAGRAPHS 7 AND 8 OF THIS SECTION DO NOT APPLY TO A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE.

Montgomery County District 6 has released their latest weekly report, although this one covers the past two weeks, 1/16 through 1/31. I’ve only highlighted a few incidents below, and some incidents I’ve already reported are omitted. For a more complete list please download the District 6 report itself.

In this two-week period, the report’s summary table shows that, in District 6, there were 11 robberies, 5 aggrevated assaults, and one rape, however there was no specific report provided concerning the rape.

If you have any information regarding any of these incidents contact: Crime Solvers of Montgomery County (800) 673-2777

• An armed robbery occurred on Downing Street on Thursday 1/18 at 2300 hours. The victim and his friends were coming home from the liquor store when the suspect approached, displaying a knife. The second suspect ran up, displaying a shotgun. The suspects forced the victims inside the apartment and made them lie down. They took cash, a laptop, beer, and all of the victims’ cell phones. They told the victims to go into the bathroom and close the door, and the suspects fled the apartment. The victims did not call the police until next day, because they did not have a phone to call the police with.

  Suspect: B/M, 20-25 yrs. old, 5’7”-5’8”/150-160 lbs., shaved head, light complexion, black hooded sweatshirt

  Suspect: B/M, 20-25 yrs. old, 5’7”-5’8”/170-180 lbs., shaved head, black skull cap, black coat, red Nikes

  Downing Street is between Muddy Branch and I-270, south of West Diamond Ave.

• I’m guessing that this is the same as this incident I reported earlier, although some of the details are different:
  

  A strong-armed robbery occurred in the 200 Muddy Branch Road, the Festival Shopping Center, on Saturday 1/20 at 2308 hours. The victim and a friend were walking behind the dumpsters when eight B/M’s, all in ski masks and black jackets, and beat the victims. One suspect hit the victim in the head with a chain. The suspects fled on foot into the woods. A citizen found the victim’s wallet in Malcolm King Park the next day.

• There was a theft from a vehicle and a stolen vehicle on the top level of the Sport & Health garage, 9811 Washingtonian Boulevard, on Tuesday 1/30. In the theft from the vehicle, the victim’s key was taken from his locker (presumably unlocked) inside the club and used to access the vehicle.

  Theft: 1400-1500 hrs. Took the victim’s wallet and vehicle registration.

  Vehicle Theft: unknown span, reported at 2130 hrs. grey ’06 Nissan Xterra, MD/tags

• A strong-armed robbery occurred at 800 Quince Orchard Boulevard on Saturday 1/20 at 0200 hours. The victim was walking and saw the suspect on the other side of the street. The suspect crossed over, came from behind and knocked the victim down. He accused the victim of snitching on his brother and took the victim’s wallet and cell phone. The victim waited until the next day to report the incident.

• A victim was shot in the leg with a BB gun near the Star Diner, 200 Market Street, on Friday 1/26 at 2230 hours. The first suspect admitted shooting the victim but the other suspect also had BB’s in his pocket, so both were arrested.

  Defendant: Juvenile, B/M, 17 yrs. old, 5’6”/137 lbs., of 14 Orchard Ridge Drive

  Defendant: Phillip Ramos, W/M, 6’1”/205 lbs., beard, of Waldorf, MD

  Vehicle: gold ’96 Nissan 4D, TX/204PLC

• The Exxon gas station at 971 Quince Orchard Boulevard, was broken into between 0030 and 0550 hours on Friday 1/19. The front door was pried and the phone line cut, which disabled the phone and the alarm. The unknown suspect(s) turned the surveillance cameras around and also pried an office door. A power tool was likely used to open the safe and cash was removed. This burglary is similar to recent burglaries in the Takoma Park area.

• Note that this report gives more information concerning an incident I reported yesterday:

  An armed robbery occurred in the parking lot at 19221 Montgomery Village Avenue on Monday 1/29 at 0825 hours. The victim got into her vehicle where the suspect had hidden in her back seat. He held an unknown object to her head and demanded she drive. He told her she was “too old to rape” and had her drive to Lake Needwood. He demanded money and slammed her head against the steering wheel several times, before fleeing on foot. The victim went home before she called the police. The officer noted that despite her claim of having her head slammed against the steering wheel, there were no obvious injuries.

  Suspect: Unknown race M, black shirt and pants, black gloves

• Officers stopped a vehicle for speeding at Montgomery Village Avenue and Lost Knife Road on 1/28 at 0220 hours. After an odor of alcohol was smelled, the suspects were asked to exit the vehicle. All of the suspects were under age for drinking and the vehicle was searched. Beer was found, along with a handgun (NFD) under the seat – which the first suspect admitted it was his. Officers also found marijuana on the first suspect and a pipe on the second suspect. All of the suspects were arrested.

  Defendant: Juvenile, W/M, 17 yrs. old, 5’5”-5’6”/135-140 lbs., goatee, sideburns, has burglary priors, of Darlington Drive

  Defendant: Hugo Figureroa, H/M, 18 yrs. old, 5’8”/180 lbs, ponytail, of 9326 Taverny Terrace

  Defendant: Jonathan Radovich, W/M, 18 yrs. old, 6’4”/210 lbs., of 20420 Shadow Oak Court

  Defendant: Juvenile, W/M, 16 yrs. old, 6’1”/220, of Mt. Airy, MD

  Defendant: Juvenile, W/M, 16 yrs. old, 5’10”/150 lbs, mustache, of Darlington Drive

  Defendant: Juvenile, W/M, 19 yrs. old, 5’11”/155 lbs., has priors for burglary, of Darlington Drive

  Vehicle: green ’97 Dodge Caravan, MD/tags

• The Sunoco gas station, 20050 Goshen Road had an attempted armed robbery on Tuesday 1/30 at 2134 hours. The suspect came inside, carrying some type of aluminum pipe. He told the employee to put the money in a plastic bag the suspect was carrying. The employee, thinking it was a joke, refused and then closed the door. The suspect fled without obtaining anything. This suspect may be responsible for a robbery at the Snouffer School 7-11 on 1/29 and the Redland 7-11 on 1/30 (1D).

  Suspect: B/M, 6’-6’1”/250 lbs., camouflage hat, light colored jacket, purple or black sweatshirt, jeans

• On Tuesday 1/23 at 2200 hours, officers responded to 9651 Brassie Way for a domestic dispute. The suspect was the aggressor and he was found by officers sitting on a couch. A small caliber gun was found under a napkin, next to him. The gun was never pointed at his girlfriend, but she said he did bring it into the room when they started arguing. The suspect has three dots tattooed on his left hand and is a possible gang member.

  Defendant: Johny Abarca, H/M, 28 yrs. old, tattoos on his back and hand

  Brassie Way is near Club House Road and Montgomery Village Avenue

• This provides some more information on the incident I reported last week:

  An armed robbery occurred on Victory Farm Drive, behind Kelly Park on Tuesday 1/23 at 1445 hours. The victim and a friend were walking home from school when the suspects approached and the first suspect displayed a switchblade knife. The victim gave up his cell phone and an MP3 player. The victim said he recognized the suspects from school but did not know their names. The first suspect’s jacket description resembles that of a B/M suspect in a robbery in the R1 and a robbery in the R2 beat.

  Suspect: H/M, 18-30 yrs. old, 5’10”-6’/150-160 lbs, red jacket with black shoulders and a stripe on the sleeve, white bandana

  Suspect: H/M, 18-30 yrs. old, 5’10”-6/150-160 lbs, blue jean jacket, white knit sweater

• An aggravated assault occurred near the tennis courts at Saybrooke Oaks Boulevard and Grange Hall Drive on Monday 1/29 at 1720 hours. The victim was playing in the area with two of his friends, when the suspects came from the bushes. The first suspect displayed a knife and told the victim to come over to him. The victim fled and the suspects yelled profanities to the victim as they chased him. They threatened to kill the victim and the second suspect displayed a pellet gun (but didn’t point it at the victim), and possibly also had a knife.

  Suspect: B/M, 14-15 yrs. old, black jacket, black backpack, black jeans

  Suspect: W/M, 14-15 yrs. old, red baseball cap, blue jeans

• The 7-11 at 8035 Snouffer School Road was robbed twice; descriptions vary and it could be different suspects. These are related to other 7-11 robberies and the robbery of a gas station in the R2 beat.

  • 1/19 FRI 2326 hrs. The suspect brought a cup of coffee to the counter and then jumped on the counter and attempted to grab the money from the register. The employee struggled with the suspect until the suspect threatened to shoot him (no gun seen). The suspect obtained cash and fled out the front door.

    Suspect: B/M, 40 yrs. old, 5’9”-5’11”/180-200 lbs., corn-rowed hair, unshaven, black hooded sweatshirt over a blue T-shirt, blue jeans

  • 1/29 0036 hrs. The suspect came in, wearing a mask that covered all except his eyes. He picked up an item and put it on the counter, then demanded the employee put all the money in a plastic bag the suspect brought with him. He displayed a tire iron and obtained cash. One employee thought the suspect could have been a woman but the other employee thought the suspect was a male.

    Suspect: Unknown race/sex, 5’6”/160-180 lbs., black coat, gloves

• An adult female reported a possible sex assault at Mt. Laurel Lane and Crab Apple Place on Sunday 1/28 at 1852 hours. The victim had ridden the bus from Lakeforest Mall and the suspect, who had also gotten on there, had followed her off the bus. He grabbed both her arms and the victim screamed and managed to break away.

  Suspect: H/M, 16 yrs. old, 5’7”/190 lbs., grey knit hat, blue pullover, blue jeans