Update 2: The City has posted an outcomes document for this meeting. Included in this document is the following statement (note that it says that the MNCPPC meeting is on Tuesday, February 8 — clearly this is impossible. The correct date is Thursday, February 8):
Friday, January 19, 2007, Mayor Katz and City staff met with County Executive Ike Leggett and members of his staff to discuss their efforts to establish an employment center. The county is seeking to use county-owned property on Crabbs Branch Way and the City was asked to formally support the site. The issue is scheduled to be heard by the Maryland National Capital Park and Planning Commission on Tuesday, February 8, 2007. The City prepared a letter of support signed by Mayor Katz to be sent to Park and Planning Commission Chairman Hanson. The county believes that the project can be completed and put into operation, possibly within the next month. Following discussions later in the meeting, City Attorney Borten was directed to amend the proposed anti-solicitation ordinance to state that the legislation will go into effect upon the opening of the county’s employment center. A vote on the amended ordinance is anticipated for the Tuesday, February 20, 2007 Mayor and City Council meeting.
Update: The City has posted the video of this meeting.
Last night’s council meeting was somewhat unusual, in that more was done in the “From the Mayor and Council” portion of the session than during the whole rest of the meeting. The first regular Council meeting in three weeks, there were a half-dozen presentations to be made, two of which took a while, and one those included a long discussion. Several topics came up during public appearances, but the theme was pretty consistent — people are getting tired of the foot-dragging on the council.
The first bit of forward movement in the meeting came during the presentation and discussion regarding the Kentlands Commercial Special Study Area. This study area is comprised of the major shopping areas in Kentlands, including Kentlands Square (with K-Mart, Giant Food and Lowes) and Market Square (with Whole Foods and the movie theater). In a memo circulated before the meeting, City Manager David Humpton laid out five alternative approaches to the required study. These ranged from a meeting of the stakeholders and a report by staff, to an “enhanced charrette with extensive pre-charrette data collection process”. In the discussion, the Council were focused on the latter approach and another option which simply called for the charrette itself. The primary concern in choosing between the two was the schedule — John Schlichting, who had been trying to get this process started for four years, in particular was concerned that the more extensive process would take too long. In the end, however, the Council decided to go with the more extensive process, given staff’s confidence that the process could culminate in a charrette still being held in September. A large portion — at least $100,000 — of the funding for this process will come from two of the three major property owners in the area.
Public appearances included statements three major topics:
- The Senior Center
- The anti-solicitation ordinance. Several Olde Towne residents spoke with growing frustration regarding the lack of progress on the anti-solicitation ordinance. In the last meeting where this came up, on January 2, the Council punted on a version of the ordinance which did not require a laborer center to be in place. At that time, the Council expressed overwhelming support for passing an ordinance once a laborer center was in place. Now that such a center appears to be on its way with implementation expected sometime in February, many who have been waiting for a year and a half for this situation to be resolved thought that the Council should have been doing something about the ordinance last night.
- The clock tower, and just generally the condition of Olde Towne. Several people spoke about the need to do something in Olde Towne that went beyond talking. The clock tower and its associated plaza — improvements to the City’s own public property — has been in the City’s plans for eight years, and it still is not fully funded. By contrast, The City took less than a year to come up with nearly a million dollars — about the same amount needed for the Olde Towne project — to rebuild a plaza in Kentlands to improve private property. The Olde Towne Charrette was in 2004, and there is still no sign of any forward progress in the area; all we have is the broken ground at a stalled residential project on North Summit. Perhaps one of the most compelling speakers here was the co-owner of Growlers, who spoke about his frustration with the condition of Olde Towne, and the difficulty he faces in bringing patrons into his restaurant for dinner when they are afraid of walking across the parking lot.
Other topics raised included the status of the special improvement district to restrict early-morning alcohol sales in Olde Towne (staff indicated that work was on-going), and concern over connections between Crown Farm and Washingtonian/Rio.
In the From the Mayor and Council session, the Council actually responded to the public statements in two areas. In the case of the clock tower and plaza, Henry Marraffa put forward a motion directing the City Manager to fully fund the project in FY08. There was much discussion over whether they could even do that (they decided that since the budget wasn’t approved yet that they could ask to have this placed in the next draft), whether the plaza should be included, and whether staff should also be directed to begin work on an RFP for the project. In the end it was decided to do the budget part but leave the implementation aspects until after a consultant — The Staubach Company, which is being hired to help market the Wye Site and the Fishman building (315 E Diamond Ave), two Olde Towne properties owned by the City, to developers — has a chance to comment on the plans.
The other response to public input was to direct the City Attorney to prepare a final draft of an anti-solicitation ordinance for the next meeting of the Mayor and Council, which as far as I know would be on February 20.
Additional information about the history of the anti-solicitation ordinance:
The idea of an anti-solicitation ordinance was first raised in the report of the Day Laborer Task Force, which was released in April of last year. For the next several months, the City seemed much more focused on finding a place for a day laborer center than in passing an ordinance that would give immediate relief to the historic district residents and restrict day laborers’ activities. However, these residents, especially several members of the task force itself, did not forget about this aspect, and repeatedly raised reminded the Council of this during public appearances through the Summer and into the Fall.
In October, when the City was considering the Festival Site, there was increasing pressure to do something about it. During the October 12 work session on the proposed site, a paper copy of a draft ordinance was circulated; by the next day it was available from the City’s website. This version contained a clause stating that the ordinance
shall not be enforced until, and shall only be enforced for so long as, a formal employment center is in operation within the corporate limits of the City of Gaithersburg or in the immediate vicinity.
On October 16, Assistant City Manager Tony Tomasello stated that he thought the ordinance would be ready for introduction by November 6 meeting. However, fifteen days later, the Festival deal fell through when the County was unable to negotiate a lease.
Rather than just go ahead with the ordinance as drafted, however, the City decided to change the ordinance to something that would apply regardless of the existence of a day laborer center. This version of the ordinance was what was introduced at the November 6 meeting, and was discussed at a highly contentious public hearing on November 20. In retrospect, it is almost as if the ordinance was re-written just to bring out the most vehement opposition possible. On January 2, the Council punted once again.
Even if the ordinance were to be passed as emergency legislation last night, it would still take twenty-one days before it would take effect, and the ordinance could have included the restriction that kept it from being enforced if no laborer center existed, as that would be less restrictive than the version that had gone to public hearing. There really was no good reason why, if they really intended to pass an anti-solicitation ordinance, that they could not have done so last night.












