MAYOR AND COUNCIL
ROCKVILLE, MARYLAND

Meeting No. 26-07
August 6, 2007

The Mayor and Council met on Monday, August 6, 2007 at 7:03 pm in the Mayor and Council Chambers, Rockville City Hall, 111 Maryland Avenue, Rockville, Maryland.

PRESENT

In attendance:  City Manager Scott Ullery, City Attorney Paul Glasgow, City Clerk Claire Funkhouser.

Re: Agenda Review

City Clerk Claire Funkhouser reported that there were no changes to the agenda this evening.

Re: City Manager’s Report

City Manager Scott Ullery reported on the following:

1. Referencing the mentioned the recent bridge collapse in Minneapolis, Mr. Ullery said that Rockville has thirty-two vehicular bridges within the City’s corporate limits.  Eighteen belong to the City and fourteen belong to either WMATA, the State Highway Administration, or Montgomery County.  He stated that bridge maintenance is a regular CIP item in the City’s budget and that, at this time, there are no fundamental structural issues with any City of Rockville bridges.   
    
2. Homeowners Tax Credit.   This year, the credit can apply to any family income of up to $70,000.  The average credit is $308.00, and the deadline is currently September 1, 2007.  
    
3. Mr. Ullery read the names of the Good Neighbor Awards winners.  He thanked Neighborhood Resources staff for such a successful program at Glenview Mansion on August 1
   in honor of the awards.  
    
4. National Night Out parties are scheduled for August 7th.  There are already forty-one scheduled at this point, with probably a few more to be added before tomorrow evening.
    
5. Construction to main entrance of City Hall will be undertaken sometime in late August.  Mr. Ullery said that this would result in a much attractive front to the building.

 Re: Citizens' Forum

Re: Mayor and Council’s Response to Citizens' Forum

Councilmember Robbins said that there seemed to be quite a few candidates speaking at Citizens’ Forum this evening.  She thanked Stan Klein for his institutional memory and talked about the many emails she received on refuse and recycling, including an email from Marcia Bailey.   She said that refuse and recycling has been a crown jewel of Rockville, but also one of the more complex issues that the Mayor and Council had dealt with over the past four years.  She also talked about Town Center being a crown jewel, free parking at the library and other issues such as pedestrian safety.  Trash is complicated due to the people aspect.  The purpose of the commission would be to get other people involved and she would like to get the investigation of the pavers in Town Center off the table.  She appreciates the conciliatory attitude of some and again mentioned how much the Mayor and Council have done during this term.
Referencing the stormwater management issue, Councilmember Hoffmann asked when it would be coming back to the Mayor and Council.  Mr. Ullery responded that a timetable would be put together soon and said that he was disappointed in the response to the community outreach efforts.  He said that it would likely come back to them in late October or early November.  

In terms of the pavers in Town Center, City Attorney Glasgow said that there were a number of contracts involved with this project but that he is making progress in terms of determining responsibility.

Councilmember Marcuccio asked when the investigation would be complete and Mr. Glasgow responded probably by the end of the summer.  Regarding the voting machines, Councilmember Marcuccio requested information from Montgomery County regarding the machines.  She congratulated New Mark Commons on their 40th anniversary and complimented those who had won the Good Neighbor awards.  Councilmember Marcuccio referenced Mr. Alton’s remarks, and said that she thought a commission would help.  She said it is indeed a complicated issue and is not sure that the Mayor are done with the topic. 

Re: Consent Agenda

Upon motion of Councilmember Hoffmann, duly seconded by Councilmember Dorsey and unanimously passed, the consent agenda items were approved as follows:

A) Adoption of Minutes
Meeting No. 16-07 and Meeting No. 20-07

B) Award of a contract to Hazen and Sawyer in an amount not to exceed $190,000 for completion of the Water Treatment Plant Systems Analysis (Phase B) as a rider on the Harford County (Abington Water Plant) requirements contract 06-010

Re: Introduction and Adoption of Ordinance for Map Amendment Application MAP2007-00100 to rezone 149 South Adams Street from the R-90 Zone to the R-90 HD Zone (R-90 Historic District Zone), Mayor and Council of Rockville, Applicants

Ordinance No.15-07

The ordinance was introduced by Councilmember Hoffmann and upon motion by Councilmember Dorsey, duly seconded by Councilmember Hoffmann and unanimously passed, Ordinance No. 15-07, adopting Map Amendment Application MAP2007-00100 to rezone 149 South Adams Street from the R-90 Zone to the R-90 HD Zone (R-90 Historic District Zone), Mayor and Council of Rockville, Applicants, was adopted. 

Re: Introduction and Adoption of Ordinance for Sectional Map Amendment Application MAP 2007-00098 to rezone 100 Lynch Street from the R-60 Zone to the R-60 HD Zone (R-60 Historic District Zone), Mayor and Council, applicants

Ordinance No.16-07

The ordinance was introduced by Councilmember Hoffmann and upon motion by Councilmember Hoffmann, duly seconded by Councilmember Marcuccio and unanimously passed, Ordinance No.16-07, adopting Map Amendment Application MAP 2007-00098 to rezone 100 Lynch Street from the R-60 Zone to the R-60 HD Zone (R-60 Historic District Zone), Mayor and Council, applicants, was approved

Re: Introduction and Adoption of Ordinance for Sectional Map Amendment MAP2007-00099 to rezone 104 Lynch Street from the R-60 Zone to the R-60 HD Zone (R-60 Historic District Zone, Mayor and Council, applicants

 Ordinance No.17-07

The ordinance was introduced by Councilmember Hoffmann and upon motion by Councilmember Hoffmann, duly second by Councilmember Marcuccio and unanimously passed, Ordinance No. 17-07, adopting Map Amendment MAP2007-00099 to rezone 104 Lynch Street from the R-60 Zone to the R-60 HD Zone (R-60 Historic District Zone, Mayor and Council, applicants, was adopted.

Re: Town Center Master Plan Review

City Manager Ullery introduced this item and said that Ms. Wallas has a number of aerials and maps to illustrate various land uses throughout the Town Center.  He said that on September 24, land use issues specific to area north of Beall Avenue and the newly developed area of Town Center would be discussed and on October 22 there would be a discussion on the impact of any changes or lessons learned.  Mr. Ullery showed a map of the Town Center Master Plan area, noting that the configuration of the downtown area is such that the Metro Station is a lynch pin and focal point for an L-shaped spine going up Maryland Avenue.  The importance of the presence of the private businesses and government entities throughout the Town Center is important.  The Town Center zoning builds upon a framework of putting the highest density around the Metro with a step-down to the surrounding neighborhoods.  Planned density is still lower than allowable under previous plans. 

Ms. Wallas showed a variety of aerial views including the area north of Beall Avenue and the area south of Beall.  She superimposed the town center building heights, highlighting a contrast of the allowable heights built under the new and the old building envelopes. 

Councilmember Robbins said that she had seen pictures of the Duball project in the Washington Post and referred to the renderings as monstrous.  Mr. Wasilak said that the plan, as approved, does conform to the building envelope; however, he does share the concern that the building not seem so large, with the implementation of the “wedding cake” or step-back feature.  Councilmember Hoffmann said that the picture in the newspaper does not look what the Mayor and Council saw.  Mr. Wasilak said that the developers are trying to take one building and make it look like three different buildings on the site. 

Mayor Giammo asked Mr. Ullery, Mr. Chambers and Ms. Wallas what they hoped the Mayor and Council would accomplish this evening and wondered how the Mayor and Council would comprehensively address issues that remain with the Master Plan.  He suggested taking a list of common concerns and then determine how those might be addressed, saying that it is very difficult to come in with an individual issue without a broader framework.  City Manager Ullery said that staff would like some direction through consensus of the Mayor and Council. 

Councilmember Marcuccio wondered if the Mayor and Council could concentrate on the document rather than an analysis.  She also made reference to RORZOR’s suggestions that the Mayor and Council have not even seen.  Councilmember Marcuccio asked what did Duball offer the City and Mr. Wasilak said that they were approved under the old PDP designed to induce density.   Councilmember Hoffmann said that she had seen the article in the Post and that it indicated that the higher building would be 18 stories and that this does not jive with typical heights for residential and first floor retail.  She wondered if the article was inaccurate.  Mr. Wasilak said that the use permit is for 173 feet, measured by at East Montgomery and that he will follow up in terms of the number mentioned in the newspaper versus the approved number. 

Commenting on some of Councilmember Marcuccio’s concerns, Art Chambers, Director of Community Planning and Development Services, said that the purpose of the presentation is to refresh the Mayor and Council’s memory concerning height and density in Town Center, as well as to give a broader context, while realizing that the work of RORZOR is not complete.

Going back to the purpose for the discussion this evening, City Manager Ullery emphasized that staff is trying to supplement information and provide a snapshot of what is out there.  Mayor Giammo suggested going through the presentation tonight and consider it a building block in the overall discussion. 

In the pipeline now are twenty-one projects and many are adjacent to Town Square.  Town Square was designed to be a catalyst for Town Center and indeed that does seem to be the case.  There was some discussion about the work of RORZOR.  RORZOR has looked at additional height requirements and limitations, according to Mayor Giammo.  Other things to be recommended would include open space, sidewalk width.  Councilmember Marcuccio asked if these recommendations would apply to the whole city, rather than just Town Center.  Councilmember Hoffmann said that there was a spirited discussion last week regarding height and density and that it is a work in progress.  Councilmember Marcuccio said that there are some distinct aspects of Town Center and Ms. Wallace said that the Town Center Design Guidelines were not requirements, but could be considered principles and that one of the items to discuss would be any applicability to other areas beyond Town Square. 

As mentioned by Mr. Ullery at the beginning of the presentation, next steps would be to look specifically at the area north of Beall Avenue for the September 24th meeting with emphasis on street and sidewalk systems, and for the meeting of October 22nd, to come back with issues, lessons learned, the impact of the changes, and an identification of next steps. 

Councilmember Marcuccio asked if anything had been done with the Art in Town Center study and Mr. Chambers said that he would check with Recreation and Parks, but that it had come a few years after the Town Center Master Plan.  In terms of the design guidelines and the Duball development, Councilmember Hoffmann said that they stood up well and that they are high level of standards, which would apply to Duball as well.  Mayor Giammo said that the developers were not held to that at the PDP level.  Councilmember Hoffmann said that she is not thrilled with the architecture or the materials of the development and wants to make sure that the guidelines are honored in that.  Mayor Giammo said that he hoped that staff would highlight this before it goes to the Planning Commission. 

Re: Adoption of Ordinance amending Ordinance 13-07 to appropriate funds and levy taxes for Fiscal Year 2008

Ordinance No. 18-07

Director of Finance Gavin Cohen said that this would be an amendment to the FY08 budget specific to refuse.  He said that the ordinance was introduced at the meeting on July 30th and that it includes the addition of $47,353.00 to the operating fund, and $1,832,696 to the CIP.   Councilmember Marcuccio said she had noticed that there was no mention of special collection, such as white goods, and City Manager Ullery responded that this would still be part of the program.  Councilmember Marcuccio asked about the pick-up schedule for holidays.  Mr. Ullery said that the schedule would remain as it is now.

Councilmember Marcuccio moved approval, which was duly seconded by Councilmember Robbins.  In discussion, Councilmember Hoffmann said she cannot support twice per week pick-up and prefers twice per week with once per week option, but in order to move forward, she would support the motion.  Mayor Giammo said that twice per week pick-up is not needed or wanted, and is not inclined to support the motion.  At this point, the vote was taken and Councilmembers Dorsey, Hoffmann, Marcuccio and Robbins voted “aye,” and Mayor Giammo voted “nay,” Ordinance No. 18-07, amending Ordinance 13-07 to appropriate funds and levy taxes for Fiscal Year 2008, was adopted. 

Re: Adoption of Ordinance to authorize the issuance and competitive sale of General Obligation Bonds of 2007, in an amount not to exceed $3,399,332 for the purpose of financing the improvements to the City’s refuse and recycling programs

Ordinance No. 19-07

Mr. Cohen, said that it will be possible to complete one bond sale in conjunction in conjunction with the one to be held on September 10.  Councilmember Marcuccio made a motion for approval, which was seconded by Councilmember Robbins.  Councilmember Hoffmann said that she had the same comment as before, and Mayor Giammo echoed that, adding that this means the City will be buying more trash truck for twice per week, but that if once per week occurs then we would have extra trucks with no purpose.  At this point, the vote was taken with Councilmembers Dorsey, Hoffmann, Marcuccio and Robbins voting “aye,” and Mayor Giammo voting “nay,” Ordinance No. 19-07, authorizing the issuance and competitive sale of General Obligation Bonds of 2007, in an amount not to exceed $3,399,332 for the purpose of financing the improvements to the City’s refuse and recycling programs was adopted.

Re: Introduction of Ordinance to amend Chapter 20 of the Rockville City Code, entitled, “Solid Waste,” so as to establish a Refuse and Recycling Commission and to establish the membership requirements and duties and responsibilities therefore

Councilmember Robbins introduced the item.  Councilmember Hoffmann said that she had concerns about geographic disbursement requirement since it was not a requirement of any other board or commission.  She said that she does not think it necessary to have the geographic requirement, noting that it may constitute an initial burden for attracting members as well as set a precedent.  Councilmember Hoffmann added that perhaps some of the work could be done by the Environment Commission. 

Councilmember Robbins said that there concerns about the pilot being in only one section of the city and there are many interested people in Rockville who would want to serve on such a group.  Councilmember Marcuccio said that, at least for the initial start, would like to take comment and experience from the entire city.  She said that she had considered approaching the Environment Commission, but she feels the issues are larger, more specific and may evolve to included areas not covered by the work of the Environment Commission.  Councilmember Hoffmann suggested a different placement for the requirement for geographic dispersion, but Councilmember Robbins responded that it needs to stay where it is.  City Attorney Glasgow said that if the Mayor and Council wish to adopt the ordinance tonight, the waiver requirement would need to be passed by a vote of at least four members.

A motion to waive the layover was made by Councilmember Marcuccio, duly seconded by Councilmember Robbins.  On a vote of three to two, with Councilmembers Dorsey, Marcuccio and Robbins voting “aye,” and Mayor Giammo and Councilmember Hoffmann voting, “nay,” the motion failed to pass due to the requirement that four members must approve the waiver.  Councilmember Marcuccio asked if the issue would come back on September 10. 

Mayor Giammo said that he, too, was concerned about the geographic specificity, wondering if people might feel that they are representing a certain area.  He said he still thinks that it might be more appropriate for the Environment Commission to undertake the work.  Councilmember Dorsey said that this is much different than any other issue.  Refuse is bringing the need for such a commission to light, but that recycling will sustain its life.  If it is not needed in the future, so be it.  Councilmember Robbins said it was important to have a designated group of citizen, saying that she did not think one could go wrong when it comes to involving citizens. 

Re: Future Agendas

Mr. Ullery noted that the Mayor and Council’s recess extend until the beginning of September.  There was some discussion about logistics pertaining to the Mayor and Council’s retreat scheduled for August 13.

Re:  Adjournment

There being no further business, the Mayor and Council adjourned at 9:45 pm.