gaithersblog.net

Goings on in Gaithersburg, Maryland

August 22nd, 2007

Washington Post: City Council Approves Home Loan Program For Displaced Tenants

Mariana Minaya writes in today’s Washington Post:

The Gaithersburg City Council unanimously approved a home ownership assistance program Monday night that would provide loans for people displaced by residential redevelopment.

The interest-free loans could be repaid when the home is sold or refinanced. Residents making 80 percent or less of the area median income — $75,600 for a family of four — could receive up to $20,000 in federal funds if they buy a home in Gaithersburg or $15,000 if they purchase outside the city. Those who make more could receive up to $15,000 to buy a home in the city or $10,000 if they purchase elsewhere.

But Thomas Cowley of Action in Montgomery, a religious-based group that worked with the Broadstone tenants to secure the displacement funds, said the grants are not enough for low-income residents. The organization had lobbied for up to $40,000 in aid per household and for a portion of the loan to be forgivable.

The assistance program nearly fell apart in June when Mayor Sidney A. Katz threatened to veto the city budget because the plan’s details were unclear. The council then voted to provide $300,000 to the program. On Monday, the council allotted an additional $100,000 in federal funds.

January 24th, 2007

Gazette Stories this week

There were several stories of interest in this week’s Gazette. A number of them addressed the County’s day laborer plans; I’ll put those in a separate post following this one.

  • Chris Robinson writes, Annapolis retreat puts city’s needs in focus:

    Public safety, Olde Towne revitalization and thoughts on a new senior center were topics of extensive discussion at Gaithersburg city leaders’ annual retreat in Annapolis on Saturday.

    Public safety

    Council members also discussed public safety in Olde Towne, after a spike in violent crimes the past few months in and around that area drew concerns in recent public meetings.

    City leaders said a police beat system would let officers focus on specific parts of the city.

    However, the city currently employs 50 officers and Police Chief Mary Ann Viverette has said they would need 10 more officers before beginning that system due to the draw it would have on police resources, Humpton said.

    The city will hire three to five more officers this year, he said.

    Katz encouraged the city to examine whether police can increase an emphasis on Olde Towne in lieu of the beat system.

    Viverette has been briefed about the request and the city is examining the possibilities, Humpton said Tuesday afternoon.

    Two Gaithersburg residents and two reporters attended the meeting.

  • Chris Robinson writes, Revised affordable housing regulations win approval:

    Gaithersburg mayor and City Council unanimously approved the revised regulations for the affordable housing ordinance during a meeting last week.

    In a nod to the proposed Broadstone Apartment redevelopment project, which could displace about 350 families that currently live there, the approved ordinance allows eligible tenants displaced by redevelopment to have first pick of the affordable homes once they are available.

    A change also was made in the per-unit fee required of residential developers in Olde Towne from $2,500 to $1, although the mayor and City Council would annually review the amount.

  • Chris Robinson writes, Gaithersburg men robbed, beaten with chain:

    Two Gaithersburg men were beaten and robbed by eight men at the Festival at Muddy Branch shopping center parking lot Saturday night, police said.

    One of the suspects beat the men with a chain, but no other weapons were involved, Wagner said.

    The 36-year-old victim was taken to a hospital where he was treated for non-life threatening injuries, Wagner said. His status is unknown as of Monday evening.

    Anybody with information about the crime should call Gaithersburg police at 301-258-6400.

    This would be the same incident I posted about a couple of days ago.

January 16th, 2007

The Gazette This Week, part 1

  • Chris Robinson writes, City ready to vote on affordable housing plan

    Note: The regulations — with a priority for displaced tenants — were in fact adopted at tonight’s Council session.

    The mayor and City Council were expected to vote on revised regulations after press time Tuesday night. City leaders rounded out a year of public discussion when they approved the city’s first affordable housing ordinance last fall. It requires an allotment of affordable space in all new housing developments, rental housing and redevelopment, with the exception of projects in Olde Towne.

    Several public speakers applauded the Olde Towne exemption at a hearing to comment on revisions to the ordinance earlier this month and said it would encourage more diverse residential development in the city’s center.

    ‘‘If there’s any hope to revitalize Olde Towne … it needs to be revitalized at market rates for both business and residential,” said resident Stephen Schreiman. ‘‘It’s the only way the city’s going to work its way out of the dilemma it’s in.”

    Olde Towne is home to a majority of Gaithersburg’s 4,000 affordable apartments, which rent for $1,150 or less a month.

    However, Pamela Lindstrom, a member of the Gaithersburg Affordable Housing Coalition, said there should be a financial arrangement in place of the exemption.

  • Chris Robinson writes, City seeks input in police chief search

    Gaithersburg officials are seeking public input in the their search for a police chief to replace Mary Ann Viverette, who will retire in May.

    A mayor and City Council work session is scheduled for 7:30 p.m. Jan. 29 at City Hall, 31 South Summit Avenue.

    Residents, business and community leaders are encouraged to comment on the qualities and characteristics they think are important in the new chief.

  • Chris Robinson writes, Seniors ask mayor, council to fund new center

    A feasibility study is underway to determine if the current center can be reworked to serve more of the growing senior population, or if the city should explore building options.

    But the city is not progressing quickly enough, some say.

    ‘‘As we get older, time seems to fly by and we all worry that at the pace we’re going, we won’t be here to enjoy a new senior center if you don’t move a little more quickly,” Annette Thompson, president of the Gaithersburg chapter of AARP, said at the forum.

    Seniors praised the center’s staff, but noted that the facility lacks adequate space and is plagued by structural integrity issues such as water leaks.

January 12th, 2007

Agenda for the 01/16/2007 Council Meeting (updated)

Update: The City has posted the video of this meeting.

NOTICE: Because of the MLK Holiday, the meeting is on Tuesday, not Monday. Sorry for the error. Y’all are supposed to catch me on things like that…

The City has posted the Agenda for the MondayTuesday, 16 January 2007 meeting of the Mayor and City Council. There’s a few things of interest, including a look at the plans for redeveloping the Broadstone Apartments site. Note that the structure that the City would like to demolish at the latitude observatory site is not a contributing, historic structure. The current caretakers house was built long after the important structures at the site, and was never considered for designation. The original (c. 1900) caretaker’s house had been moved to Cedar Ave years ago.

Also of note is the item toward the end, regarding restrictions on Alcohol sales. I’ve pasted in the background memo here. (This is an OCR’d PDF, so there could be errors in this; consult the original PDF before commenting to the City about this):

MEMORANDUM TO Mayor and City Council
VIA David B Humpton City Manager
FROM Frederick J Felton Assistant City Manager
Tony Tomasello Assistant City Manager

DATE January 4, 2007
SUBJECT Alcohol Regulation

As you will recall staff raised the possibility of working with Montgomery County during the 2007 Legislative Session on amendments to State liquor laws that would prohibit early morning sales of alcohol and prohibit sales of single beers.

Staff recently met with Montgomery County Department of Liquor Control Director George Griffin and Community Outreach Manager Kathie Durbin to discuss this issue. The City has been working very closely with the County Department of Liquor Control on the “Cops in Shops” and the Gaithersburg Business Alliance programs. The County staff fully understands the problems we are experiencing with alcohol sales in Olde Towne and portions of 355 and they would like to work with us on solutions.

Rather than pursuing a legislative remedy during the upcoming legislative session the County staff has suggested we try to address these issues through the Board of License Commissioners licensing process. Specifically they have suggested that we designate a particular geographic area as an improvement area and request that the liquor licenses for all establishments within the impact area have restrictions on operating hours and individual sales.

Please note that all liquor licenses in the County expire on May 1 2007. This spring all businesses seeking to renew their licenses will have to submit an application and may have to appear at a hearing The County staff has suggested that this would be the appropriate time to request that the restrictions be imposed Please note that this may not be easy to achieve because the Board of License Commissioners have never imposed restrictions of this nature. Staff believes that it will be necessary for citizens to participate in this effort with documented evidence of quality of life problems.

If the Mayor and City Council concur with this approach staff will notify all potentially affected businesses and give them an opportunity to provide input.

We will be seeking guidance on this issue during the January 16 2007 Mayor and City Council meeting. If you should have any questions or wish to discuss this matter please contact one of us.

fjf/ms
cc: Mary Ann Viverette, Chief of Police
Cindy Hines, Olde Towne Coordinator

Following is the full text of the agenda:

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

TUESDAY , JANUARY 16, 2007 , 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Nazaneen Dorost, Baha’i Faith

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City Council Held January 2, 2007
TBA -
Background Material (pdf format)

V. CONSENT ITEM
(resolutions for approval by the City Council that do not need discussion)

Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract for Consulting Services on a City of Gaithersburg Bikeway Plan ($26,000)

Background Material (pdf format)

VI. PRESENTATIONS

  1. Readings and Certificates of Recognition Presented to the 15th Annual Dr. Martin Luther King, Jr. Literary Arts Contest Winners
  2. 2nd Quarter Employee Recognition Awards
  3. Proclamation of the Mayor and City Council Designating January 15 - 20, 2007, as “Gaithersburg/Germantown Jaycee Week” in the City of Gaithersburg

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

  • Upcoming City Events

IX. FROM THE CITY MANAGER

X. PUBLIC HEARING

A Consolidated Joint Public Hearing on Z-304 and SDP-06-004

  1. JOINT – 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
    Background Material (pdf format - Large File 5M)

  2. JOINT – 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
    Background Material Part I (pdf format - Large File 4M)
    Background Material Part II (pdf format - Large File 1.5M)

    Background Material Part III (pdf format - Large File 6M)

XI. RECESS MAYOR AND COUNCIL MEETING


HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Approval of Minutes

Minutes of a Historic District Commission Meeting Held January 2, 2007
TBA - Background Material (pdf format)

3. Certificates of Approval

  • HAWP-87D Applicant: Maria Glinsmann, 12 Russell Avenue, REAPPROVAL of Request to construct a 1,962 square foot, two-story carriage house and parking lot
    Background Material (pdf format - Large File 4M)

  • HAWP-106 Applicant: Mark Wilson, for the City of Gaithersburg, 100 DeSelllum Avenue, Request to demolish house and garage

    Background Material Part I (pdf format - Large File 2M)
    Background Material Part II (pdf format - Large File 2.5M)

4. Consent Item

HAWP-37E - Resolution Authorizing the Staff Liaison to the Historic District Commission to Sign the Written Decision of the HDC Vote on HAWP-37E, Request for Demolition of the Historic Talbott House (Hair Bar) at 309 North Frederick Avenue, as Being Reflective of the Findings and Vote Taken on January 2, 2007
Background Material (pdf format)

5. Adjournment



XII. RECONVENE MAYOR AND COUNCIL MEETING

XIII. 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 Enter into a Contract for the Demolition of the Gaithersburg Latitude Observatory Caretaker’s House ($29,370)
    Background Material (pdf format)

  2. Resolution of the Mayor and City Council Adopting the Traffic Impact Study Standards Regulation for the City of Gaithersburg
    Background Material (pdf format)

  3. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract for Commercial Real Estate Consulting Services ($176,112)

    Background Material (pdf format)

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

  1. Resolution of the Mayor and City Council Adopting the Affordable Housing Program Regulations for the City of Gaithersburg (Two Alternative Versions are Ready for Final Action)

    Background Material (pdf format)

  2. An Ordinance to Amend Chapter 5 of the City Code Entitled "Buildings," to Create a New Article VI Entitled "Additional Fire Safety Requirements for Certain Multi-Family Residential Structures” to Create a New Section 5-11 Entitled “Automated Sprinkler Systems” to Require the Retrofit of Certain Multi-Family Residential Structures With Automated Sprinkler Systems (Ready for Final Action)

    Background Material (pdf format)

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

Guidance on Memorandum dated January 4, 2007 Concerning Possible Restrictions on the Sale of Alcoholic Beverage in Some Locations.
Background Material (pdf format)

XVI. ADJOURNMENT



THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
WILL BE HELD MONDAY, FEBRUARY 5, 2007 , 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE


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 5 Meeting

Presentation
- -Report from the Historic Preservation Advisory Committee
- Civil Air Patrol

- Black History Month Tribute
- City Manager Report on the City’s Strategic Planning Retreat Held January 19-20, 2006

Policy Discussion
- T-380, Permitted Uses in the I-3 Zone



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, January 22, 2007, to discuss
Neighborhoods 2 and 3 of the Crown Farm Development.



RETREAT ANNOUNCEMENT

The Mayor and City Council will hold its annual retreat for the purpose of reviewing the City’s 2007 Draft Strategic Plan and enhancing the working relationship among and between the Mayor, members of the City Council, and management staff. This year’s event is scheduled for Friday, January 19 through Saturday, January 20, 2007 at the Loews Annapolis Hotel located at 126 West Street , Annapolis , Maryland . Please note that while the public is invited to attend the retreat and view the proceedings on January 20, there will be no opportunity for public comment.For more information about the retreat please contact Assistant City Manager Felton at 301-258-6310.



MAYOR & CITY COUNCIL MEETINGS
ARE TELEVISED LIVE ON CABLE CHANNEL 13

AND ON THE
INTERNET AT
www.gaithersburgmd.gov/tv

TO CONFIRM ACCESSIBILITY ACCOMMODATIONS,
PLEASE CONTACT DORIS STOKES AT
CITY HALL, 301-258-6310


Hand held signs brought into the Council Chambers may not be displayed in a manner which
disrupts the meeting, blocks the view of spectators or cameras and poses a safety
concern [e.g., signs mounted on stakes]. Your cooperation is appreciated.)

January 3rd, 2007

01/02/07 Council Meeting Early Report (Update 2)

Update: The video of this meeting is now available on the City’s website.

Update 2: See below regarding a new Gazette article.

It’s late, so I can’t cover everything, but here’s a bit of an overview of what happened:

  • The Mayor and Council tonight decided to defer yet again to the leadership of the the County on the day laborer situation. Despite assurances from the City Attorney regarding the supportability of the proposed text, the majority of the Council — everyone except Henry Marraffa — came out against approval of the anti-solicitation ordinance (actually, no one would second Mr. Marraffa’s motion) and in favor of deferring the decision until after the City has more opportunity to negotiate with the new County Administration. It was a contentious meeting. The Council had to deal with what was probably one of the rowdiest audiences I’ve seen there, at least since the last time this came up, and it wasn’t even a public hearing. The day laborers and their advocates, who undoubtedly had a heads-up that nothing bad was going to happen, stayed away in droves. Thus it was mostly Olde Towne residents, sick to death of all the dithering and inaction, who created the tension. Most of the Council members yet again asserted their ostensible concern over the situation these residents were dealing with, while offering them nothing in the way of a realistic solution or even leadership in that direction.

    Just last November, the City had given up on finding a place for a center — a decision which led to a nasty epistolary exchange between the City Manager and the County Chief Administrative Officer. Quoting one of Mr. Humpton’s letters,

    I discussed this matter publicly with our Mayor and City Council during their regular meeting of November 6, 2006. They unanimously concurred with my conclusion that, after an exhaustive search, it does not appear possible to have a site located in the City which meets the spirit of our Task Force’s criteria and is acceptable to a property owner.

    Now, in tonight’s meeting, some Council members appeared to want to dig at this scab and start looking around the City again for some place to have a temporary, or even permanent site. From what I can tell this is to placate the County, which seems to have this unexplained jones for a center within the City limits (although see below, and I swear I wrote the previous sentence before seeing the Gazette story). Meanwhile, dozens of day laborers continue their unsupervised daily assembly at 17 N Frederick (as well as several other spots up and down MD 355) to stand around in in the unseasonably mild weather and wonder what it would be like to get work, and the Olde Towne residents wonder if the City is ever going to find a solution which will give them their neighborhood back.

  • Remarkably, despite the County’s objections and concern over a law that appears to require the City not to have APFO regulations more restrictive than the County’s, the Council voted 3-2 to pass the APFO that is sensitive to the two-year MCPS funding horizon for school construction, rather than the 6-year fantasy horizon in which all good things are not only possible but likely.
  • A motion to approve Hazma Halici’s application to destroy the Talbott House failed on a 3-3 vote. The Mayor, John Schlichting and Mike Sesma all voted against the motion. Henry Maraffa voted for it, apparently out of general hostility toward the principals of historic preservation, while Geri Edens and Stanley Alster voted for it, largely because they voted for it the last time, but also because they thought the standard was too weak and they hadn’t bothered to change it since the last time this came up.

Update 2:

Sebastian Montes has another article in the online Gazette:

Once it became clear that the council would defer the fate of the controversial anti-solicitation ordinance, last night’s meeting devolved into open heckling and verbal tirades against city leaders. The group of outraged residents, mostly from Olde Towne, at one point stormed out of the meeting in disgust.

‘‘They’re gutless. They know what the right thing to do is, but they’re looking for political cover,” said resident Dan Searles after as the group discussed the recall outside City Hall. ‘‘This is a time for real people, real adults, real leaders, to stand up. And they refuse.”

‘‘The mayor told us he was committed to passing this ordinance. And we trusted him. And we waited — we waited all the way to January because we had his word that they were committed to passing this,” said Olde Towne resident Mike Stumborg.

The angry residents raised the specter of a recall in the fall, but held off to give city leaders time. After last night’s inaction, they said they are ready to pursue a recall.

‘‘We waited to give these guys a second chance to see if they would do even anything. And they’ve done nothing. How much longer can or should we wait for them to lead the city?” Stumborg said Wednesday morning. ‘‘The five of them [besides Marraffa] didn’t even have the backbone to allow it to be voted down so that the people of Gaithersburg could see where they stood. It’s spineless, unconscionable, shameful and shows no leadership. And it sends a message to the county that Gaithersburg can be walked all over.”

Several of the residents were members of a city-appointed task force that studied the day-laborer issue last year, including its chairman, Prentiss Searles, who won wide praise for even-handedly navigating the task force through the contentious issue.

The ordinance was one of the task force’s key recommendations.



As a footnote to the day laborer topic, I notice now an article by Sebastian Montes in this week’s Gazette, concerning Chuck Short’s return to County Government to take on the day laborer issue. Quoting,

With ‘‘adequate blame to be spread on everyone” for having so far failed to open a center, Short said he is interested more in moving forward than in picking at old wounds.

‘‘It’s not my goal to win a battle, it’s to find a solution that addresses the common good,” he said.

To that end, Short met ‘‘over coffee” three weeks ago with Gaithersburg City Manager David B. Humpton. Their professional relationship goes back several years.

The early talks are already yielding possibilities that have them feeling optimistic, they both said in interviews with The Gazette.

While Short believes that the city has some level of obligation, he said he is not going to ‘‘obsess over the city limits issue” — the notion that the center must be in Gaithersburg proper.

That question had become a bone of contention in recent months.

‘‘We’re percolating ideas,” Humpton said, both short- and long-term, including a number of specific sites that are ‘‘proximate” to Gaithersburg.

Both added that they are arranging a meeting between Leggett (D) and Mayor Sidney A. Katz (D), probably in the next few weeks.

The question I have is: If the County relents and builds a center outside of the City limits, will the Council take that as a signal that they don’t have to enact an anti-solicitation ordinance after all? Or will — is? — dropping the ordinance be part of a deal with the County in return for such a compromise?

January 1st, 2007

Agenda for the 01/02/2007 Council Meeting

The City has posted a revised agenda for the January 2, 2007 meeting of the Mayor and Council. Please note that, because of the holiday, this meeting is being held on a Tuesday evening. Items of particular interest include:

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

TUESDAY , JANUARY 2, 2007 , 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Reverend Dr. Paulette Stevens, Montgomery Hospice

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City Council Held December 18, 2006
Background Material (pdf format)

V. CONSENT ITEMS
(resolutions for approval by the City Council that do not need discussion)

  1. Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into a Contract to Purchase One (1) 2007 Chipper Truck with Snow Plow ($68,140)
    Background Material (pdf format)

  2. Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into a Contract to Purchase One (1) 2007 Cab and Chassis Truck with Knuckle Boom Trash Loader ($95,748)

    Background Material (pdf format)

VI. APPOINTMENTS

Resolution of the City Council Confirming Reappointments by the Mayor to the Animal Control Board, Economic Development Committee, Environmental Affairs Committee, and Multicultural Affairs Committee
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

IX. FROM THE CITY MANAGER

X. PUBLIC HEARING

Gaithersburg Affordable Housing Program Regulations
Background Material (pdf format)

XI. RECESS MAYOR AND COUNCIL MEETING


HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Approval of Minutes

Minutes of a Historic District Commission Meeting Held December 18, 2006
Background Material (pdf format)

3. Policy Discussion

HAWP-37E - Applicant Stephen Orens for Hamza Halici/Halici, Inc., Request for Demolition of the Historic Talbott House (Hair Bar) at 309 North Frederick Avenue
Background Material (pdf format)

4. Adjournment



XII. RECONVENE MAYOR AND COUNCIL MEETING

XIII. 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 to Allocate Funds for Playground Surface Replacement at St. Martin of Tours School ($3,600)

    Background Material (pdf format)

  2. Resolution of the Mayor and City Council Awarding a Matching Grant to Kentlands Citizen Assembly ($5,000)
    Background Material (pdf format)

  3. REVISED - Resolution of the Mayor and City Council of Gaithersburg Authorizing the City Manager to Negotiate a Contract for Executive Search Services for the Position of Chief of Police
    Background Material Part I (pdf format)
    Background Material Part II (pdf format)

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

  1. An Ordinance to Repeal and Reenact With Amendments Section 15-4 of the City Code, Entitled “Loitering,” so as to Clarify Existing Language With Regard To Prohibited Conduct, and Section 15-9, Entitled “Solicitation in Roadways,” so as to Expand the Applicability of the City’s Prohibition on Solicitation Specific to this Chapter

    Background Material (pdf format)

  2. T-377 – An Ordinance to Amend Chapter 24 of the City Code Entitled “Zoning” so as to Create New Article XV Entitled “Adequate Public Facilities” so as to Require That Public Facilities be Deemed Adequate to Serve Development Which is Subject to Various Land Use and Development Approvals and to Set Forth Applicable Procedures And Standards for the Determination Thereof (Two Versions Ready for Final Action)

    Background Material Part 1 (pdf format)
    Background Material Part 2 (pdf format)
    Background Material Part 3 (pdf format)
    Background Material Part 4 (pdf format)

    Background Material Part 5 (pdf format)
    Background Material Part 6 (pdf format)
    Background Material Part 7(pdf format) -

    Background Material Part 8 (pdf format)

  1. A Regulation Establishing Traffic Impact Study Standards (Ready for Final Action)

    Background Material (pdf format)

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

XVI. ADJOURNMENT


THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
WILL BE HELD TUESDAY, JANUARY 16, 2007, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE



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.

Jan 16 Meeting

Presentation
- 2nd Quarter Employee Recognition Awards
- 15th Annual Dr. MLK Literary Arts Contest Winners
- Proclamation “Gaithersburg/Germantown Jaycee Week”

Public Hearings
- JOINT – SDP-06-004, Broadstone Apartments, Residential Redevelopment of 14.157 Acres
- JOINT – Z-304, Broadstone Apartments, Rezoning From Existing
R-20 to CD Zone


Notice to the general public is hereby given that the
Mayor and City Council of the City of Gaithersburg will conduct
a Special Work Session on Monday, January 8, 2007
to receive citizen input on the City’s 2007 Draft Strategic Plan.
For more information please contact the City Manager’s office at

301-258-6310 or cityhall@gaithersburgmd.gov.



The Mayor and City Council will hold an annual retreat
for the purpose of reviewing the City’s 2007 Draft Strategic Plan and enhancing
the working relationship among and between the Mayor, members of the City Council,

and management staff. This year’s event is scheduled for
Friday, January 19 through Saturday, January 20, 2006
at the Loews Annapolis Hotel located at 126 West Street, Annapolis, Maryland .

Anyone who would like more information about the retreat may call
Assistant City Manager Felton at 301-258-6310.



MAYOR & CITY COUNCIL MEETINGS
ARE TELEVISED LIVE ON CABLE CHANNEL 13
AND ON THE
INTERNET AT
www.gaithersburgmd.gov/tv

TO CONFIRM ACCESSIBILITY ACCOMMODATIONS,

PLEASE CONTACT DORIS STOKES AT
CITY HALL, 301-258-6310


Hand held signs brought into the Council Chambers may not be displayed in a manner which
disrupts the meeting, blocks the view of spectators or cameras and poses a safety
concern [e.g., signs mounted on stakes]. Your cooperation is appreciated.)

December 15th, 2006

12/18/06 Mayor and Council Meeting Agenda (updated)

Update : A notice went out from the City today saying:

Dear Interested Parties:

Please be advised that HAWP-37E was removed from the agenda for tonight’s Historic District Commission meeting and will be placed on the HDC’s agenda for Tuesday, January 2, 2007. The City was notified that a particular piece of correspondence was not included in the public record and the HDC had not received a copy of it in their reading package.

We regret any inconvenience this may have caused.

Sincerely,

David B. Humpton
City Manager

The City has posted the agenda for the Monday, December 18, 2006 meeting of the Mayor and Council, with a mid-meeting hat change while they act as the Historic District Commission. There are a few agenda items of special interest:

  • Policy discussion on Hamza Halici’s application to destroy a historically-designated property in the City, the Talbott House, also known as the Hair Bar. Mr Halici has asked permission to do this on financial-burden grounds, but has refused to submit any documentation which would effectively demonstrate the hardship the house supposedly creates. It will be interesting to see whether the Council will rule that this documentation is not required, presumably opening the door for any owner of any historic property in the City to obtain a demolition permit on these grounds, and in essence crippling future historic preservation efforts in the City.
  • Announcement of the annual strategic planning retreat. Note that the public is invited to the Saturday sessions, which will be held in Annapolis.
  • Two public hearings, one on T-380, an amendment to the I-3 zone (I-3 is used for IBM, Metropolitan Grove and GE Tech Park. I believe that the amendment has to do with issues in GE Tech Park specifically) and an amendment to the sprinkler ordinance, which would require the addition of sprinkler systems to apartment buildings that (a) lack them, and (b) are standing vacant for some minimum period of time. I believe that, in the immediate term, this issue was raised by the proposal to re-lease the East Deer Park apartments.
  • The formal introduction of the proposed affordable housing regulations; those interested in this issue probably want to grab a copy of the background materials and read through it.
  • Final action on the Defibrillator ordinance and on the Lakelands Lane in the Woods SDP.

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, DECEMBER 18, 2006, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Fitzgerald Clark, Baha’i Faith

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City

Council Held December 4, 2006

TBA - Background Material (pdf format)

V. APPOINTMENTS

Resolution of the City Council Confirming Appointments and a Reappointment by the Mayor to the Ad Hoc Election Participation Advisory Committee, and Gaithersburg Senior Council
Background Material (pdf format)

VI. OATH OF OFFICE TO ALTERNATE PLANNING COMMISSION MEMBER

  • Geri Lanier

VII. PRESENTATION

The Gaithersburg Community Museum Train Annex Committee Update
Background Material (pdf format)

VIII. 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)

IX. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

X. FROM THE CITY MANAGER

XI. PUBLIC HEARING

  1. JOINT – 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

    Background Material (pdf format)

  2. An Ordinance to Amend Chapter 5 of the City Code Entitled "Buildings," to Create a New Article VI Entitled "Additional Fire Safety Requirements for Certain Multi-Family Residential Structures” to Create a New Section 5-11 Entitled “Automated Sprinkler Systems” to Require the Retrofit of Certain Multi-Family Residential Structures With Automated Sprinkler Systems

    Background Material (pdf format)

XII. RECESS MAYOR AND COUNCIL MEETING


HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Approval of Minutes

  • Minutes of a Historic District Commission Meeting Held December 4, 2006
    Background Material (pdf format)

3. Certificates of Approval

  • HAWP-99A (Amended) - Applicant: Alfred Riley, 10 Brookes Avenue, Conversion of Residence to Office, Install Parking Lot and Modifications to Rear of House
    Background Material (pdf format)

  • HAWP-49B - Applicant: Barbara Lima, 12 Brookes Avenue, Tree Removal

    Background Material (pdf format)

4. Policy Discussion

  • HAWP-37E Applicant: Stephen Orens for Hamza Halici/Halici, Inc., 309 North Frederick Avenue, Demolition of Talbott House
    Background Material (pdf format)

5. Adjournment



XIII. RECONVENE MAYOR AND COUNCIL MEETING

XIV. 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)

Introduction of the Gaithersburg Affordable Housing Program Regulations (Public Hearing scheduled for 1/2/07)

Background Material (pdf format)

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

  1. SDP-06-003, Resolution of the Mayor and City Council of Gaithersburg Granting Approving of Schematic Development Plan, SDP-06-003 as an Amendment to Schematic Development Plan SDP-L5, Lakelands, Lane in the Woods, the Subject Property is Located in the Lakelands Subdivision and is in the Mixed Use Development (MXD) Zone (Ready for Final Action)
    Background Material (pdf format)

  2. An Ordinance to Amend Chapter 2 of the City Code, Entitled “Administration”, Article II, Entitled “Municipal-County Relations”, Section 2-6 Thereof, Entitled “Exemption From Montgomery County Legislation and Regulations Within the City” so as to Include the Provisions of Section 24-211A Entitled “Fitness Centers-Defibrillators” of Chapter 24 of the Montgomery County Code Entitled “Health And Sanitation”, as Being Applicable and Enforceable Within the City (Ready for Final Action)

    Background Material (pdf format)

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

XVII. ADJOURNMENT


Notice to the general public is hereby given that the
Mayor and City Council of the City of Gaithersburg

will not conduct a work session the
week of December 25, 2006.



THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

WILL BE HELD TUESDAY, JANUARY 2, 2007, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE



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.

Jan 2 Meeting

Public Hearing
Affordable Housing Program Regulations (tentative)

Policy Discussion
T-377 - Adequate Public Facilities Ordinance for the City of Gaithersburg

- Ordinance to Repeal and Reenact With Amendments Section 15-4 of the City Code, Entitled “Loitering,” so as to Clarify Existing Language With Regard to Prohibited Conduct, and Section 15-9, Entitled “Solicitation In Roadways,” so as to Expand the Applicability of the City’s Prohibition on Solicitation Specific to this Chapter


Notice to the general public is hereby given that the
Mayor and City Council of the City of Gaithersburg
will conduct a special work session on Monday,
January 8, 2007, to gather citizen input on
the Draft 2007 Strategic Plan.

In addition, notice to the general public is hereby given that
the Mayor and City Council of the City of Gaithersburg
will hold their Annual Strategic Planning Retreat on
Friday, January 19 and
Saturday, January 20, 2007.

An agenda and draft 2007 Strategic Plan will be

posted on the City’s website in January 2007. Anyone who
would like more information about the retreat may contact
the City Manager’s Office at 301-258-6310.



MAYOR & CITY COUNCIL MEETINGS

ARE TELEVISED LIVE ON CABLE CHANNEL 13
AND ON THE
INTERNET AT
www.gaithersburgmd.gov/tv

TO CONFIRM ACCESSIBILITY ACCOMMODATIONS,
PLEASE CONTACT DORIS STOKES AT
CITY HALL, 301-258-6310


Hand held signs brought into the Council Chambers may not be displayed in a manner which
disrupts the meeting, blocks the view of spectators or cameras and poses a safety
concern [e.g., signs mounted on stakes]. Your cooperation is appreciated.)
December 13th, 2006

Gazette laments progress & revitalization (updated)

Jaime Ciavarra has written an article for today’s Gazette headlined “What is the price of progress?“:

John Small, 81, has lived in a two-bedroom, red brick apartment in Gaithersburg for more than half of his life.

He watched his two children grow up there. His church, grocery store and mechanic are just down the street. More than 41 years worth of memories adorn the apartment’s beige walls.

But Small — who now lives on a fixed income of about $4,000 a month and pays $774 in monthly rent — could be losing his home in the name of progress.

Broadstone Apartments on West Deer Park Road, the 41-year-old rental complex where Small lives, is slated for redevelopment, meaning his home and those of 350 other families could be demolished to make way for townhouses, condominiums and a new apartment building.

The article goes on (and on) in this vein. But one major question that goes unaddressed is: What, specifically, does anyone propose be done about this problem? Do the Gazette, and the housing advocates they quote, propose that the many “affordable” apartments in central Gaithersburg be left untouched in perpetuity? Is this land forever to be “rent controlled”? By what mechanism do the advocates propose to mandate that an inexhaustible supply of low-rent apartments will forever be available in this part of town?

And why in this part of town? Should there not be $799/month apartments in Crown Farm, Watkins Mill or even Kentlands as well? What is special about the older parts of town that the apartments there have to be so inexpensive? Certainly it isn’t because of the large number of low-income jobs available or the excellent public transportation in Olde Towne. Could it simply be that central Gaithersburg needs to be preserved as a place for the economically disadvantaged to live because so much of the rest of the City has been allowed to be built out without any such requirement? Have the years of disinvestment in Olde Towne, engendered in no small part by the great Niagara of cash flowing into the sure-thing, far-from-affordable greenfield developments elsewhere in the City, sealed Olde Towne’s fate? If yes, perhaps it is time to start discussing how property owners will be compensated for this taking. If not, then I think that we need to hear more about practical proposals for maintaining the availability of $799/month apartments elsewhere in the City, or maybe — just maybe — a little less about any specific obligation property owners may have to provide units at such rates.

Update: Reading the print edition of the Gazette this morning, I note another passage, and a letter from AIM. First, from the above-cited article,

‘‘I think we’re looking at a dynamic process that we’ll adapt as we need to,” Sesma said. ‘‘Our growth will include all segments of the population.”

But at 81, John Small doesn’t want to move. Still, he’s been consolidating his old scrapbooks and World War II memorabilia just in case.

‘‘I’m not any kind of a real estate expert,” he said. ‘‘What I am is an old settler fighting for the homestead from big city developers. And I’m hoping that whatever happens, they’ll remember we are people. These are our homes.”

Here is what seems to be the essential misunderstanding. Mr. Small is not a “homesteader” in any traditional sense of the word, which generally means someone who claims ownership of public land by virtue of his occupation thereof. The Broadstone apartments are not, as far as I know, public land. Mr. Small is there presumably according to a contract into which he himself chose to enter with the property owner, and I would be shocked if that contract did not allow the property owner to cease making the apartment available for rent. Of course, as a renter, Mr. Small does have rights, and those rights have recently been expanded by the City. But I am not aware that a renter, no matter how long his or her tenure, has a right to claim any ownership of the property based on that tenure.

Don’t get me wrong — I certainly do feel sorry for Mr. Small and the others profiled in that article. But I also appreciate the desire of the developers to improve the return on their investment in that property. Which brings me to a letter also published in today’s Gazette, headlined “City should rethink its affordable housing plan“, and written by two people who do not live in Gaithersburg: Patrick Ryan and Alisa Glassman, the co-chair and lead organizer of Action in Montgomery. They state:

Exempting developers from citywide policies is the wrong tool to encourage revitalization. Giving governmental permission to displace thousands of residents from their current affordable homes is morally wrong.

In addition to the potential large reduction in the existing supply of affordable and moderate-income housing in Olde Towne, the city’s new proposed affordable housing requirements for the rest of the city are substantially lower than requirements in the rest of Montgomery County.

The county mandates a 12.5 percent moderately priced dwelling unit (MPDU) set aside, with an additional 10 percent for workforce housing in developments near Metro stations. Gaithersburg is considering a 7.5 percent set aside for MPDUs, with an additional 7.5 percent for workforce housing.

However, from a sidebar in Ms. Ciavarra’s article, we learn that there are 1,881 moderately priced dwelling units that have been available for purchase in Montgomery County, and there are 823 rental MPDUs. This affordable housing policy has been in effect in Montgomery County for about thirty years, and in the entire County there are fewer rental MPDUs than there are affordable apartments just in Gaithersburg’s Olde Towne? This is the policy they want to emulate?

Moreover, as I imagine AIM would be the first to admit, an MPDU as currently defined will do nothing for someone who is able to afford only $799/month for an apartment. I saw nothing in their letter, except possibly their mention of the “tax credits, higher zoning density, affordable housing trust funds or subsidized financing” (in other words, turning tax dollars over to the economically disadvantaged) used by other jurisdictions around the Country, that would give any hope to those who currently can only afford these older, neglected properties. However, perhaps if AIM can encourage the City to impose development rules in Olde Towne which make it extremely difficult for a developer to obtain a reasonable return on a redevelopment project, then the developers will stay away, and Olde Towne will stay just like it is — at least until the existing structures deteriorate to the point that they are simply uninhabitable.

Instead, the City has noted that Olde Towne has been almost devoid of redevelopment projects for several years now, and what projects that have been completed over the past decade or so have been subsidized by the City in one way or another. Possibly the City’s recognition that they shouldn’t be making a bad environment for development even worse is what worries AIM.

November 13th, 2006

Work Session Tonight: Affordable Housing Regulations (Updated, with report)

Update: The City has posted the video from this meeting.

The work session was about an hour and a half long. There was considerable discussion of the regulation’s details, especially with regard to the equity sharing issue — at what point, and to what extent should buyers of affordable housing be able to benefit from increases in market value of their properties? The draft regulation said that the last owner of a property at the point at which the property came out of regulation (at 30 years) would be able to keep, for each year they had lived in the property, 5% of the windfall profit from the first open market sale of the property. Thus, if a property had sold as an MPDU in the twenty-fifth year after construction for, say, $200,000, and then sold five years later as a market-rate property for $800,000, then the person who owned the house for that five-year period would be allowed to keep one quarter of the gain, or $150,000. Many among the Council felt that this was not fair, especially to previous owners who may have lived there even longer. It also would seem to create a pricing anomaly that was ripe for abuse.

Other concerns included:

  • that other exceptional situations, such as the death of a family member, could result in unfair consequences
  • the limited means of some affordable housing residents could result in many of these properties not being properly maintained; there was some sympathy for requiring a City inspection of these properties when they are resold
  • that even just requiring a “fee in lieu of” for Olde Towne may be too much to require for an area that is struggling to attract development

As usual, the video is your best source for learning the details of what was discussed. The next step for these regulations is probably a public hearing. Staff will be making several revisions to the draft prior to that time.

Reminder: Mayor and Council meeting tonight: Work Session on Affordable Housing Regulations.

November 9th, 2006

City Publishes Notice of Adoption, Affordable Housing Requirements

The legal notice can be found here, while the background document is here:

NOTICE OF ADOPTION OF A CITY OF GAITHERSBURG ORDINANCE

Pursuant to Section 11 of the City of Gaithersburg City Charter , notice is hereby given that the Mayor and Council of Gaithersburg adopted Ordinance No. O-12-06 on November 6, 2006 , to become effective on November 27, 2006.

AN ORDINANCE TO AMEND CHAPTER 24 OF THE CITY CODE ENTITLED “ZONING” SO AS TO CREATE NEW ARTICLE XVI ENTITLED “AFFORDABLE HOUSING REQUIREMENTS” SO AS TO REQUIRE THE INCLUSION OF MODERATELY PRICED DWELLING UNITS AND WORK FORCE HOUSING UNITS IN NEW RESIDENTIAL DEVELOPMENTS