City Clerk Claire Funkhouser said that there were no changes to this evening’s agenda.

Re: City Manager’s Report

City Manager Scott Ullery reported on the following:

• The stream clean-up held on Saturday, April 12, attracted over seventy volunteers
• The first anniversary of the Dog Park will be on Saturday, April 19
• May 2 will be the first “First Friday” deck party on the rooftop of the VisArts building
• Arbor Day will be held on April 25 at College Gardens Elementary School
• A workshop on stormwater management sponsored by the Washington Area Council of Governments (COG) will be held on April 2 at the F. Scott Fitzgerald Theatre
• The next meeting regarding Rockville Pike will be held at Richard Montgomery High School from 7-9 pm on May 6

Mayor Hoffmann commented that she had thrown out the first ball at the opening game of the Rockville Baseball Association (RBBA). Councilmember Britton had also attended the ceremony.

Re: Zoning Ordinance Update

Chief of Planning Jim Wasilak said that worksessions on the new zoning ordinance were ongoing.  A Saturday session focused on environmental issues, at which the Chair of the Environment Commission had been present, was held on April 12.  Mayor Hoffmann asked how many worksessions there would there be and Mr. Wasilak replied that there should be about ten in all.

City Manager Ullery introduced Susan Swift, the new Director of Community Planning and Development Services, to the Mayor and Council.

Re: Proclamation declaring Friday, April 25, 2008, as Arbor Day in the City of Rockville and Presentation of the City's Maryland PLANT Community, Tree City USA and Tree City USA Growth Awards to the Mayor and Council

Mayor Hoffmann read the Proclamation.  Upon motion by Councilmember Robbins, duly seconded by Councilmember Marcuccio, and unanimously passed, the Mayor and Council proclaimed April 25 as Arbor Day in Rockville.  The Proclamation was accepted by Wayne Noll, the City Forester.  Mr. Noll was accompanied by Todd Erickson from the National Arbor Day Foundation who presented the City with the award for the City’s nineteenth year as a “Tree City U.S.A.”

Re: Proclamation declaring Sunday, April 27, 2008 as Science Day in Rockville

The Proclamation was read by Councilmember Marcuccio, who moved for its adoption.  The motion was seconded by Councilmember Gajewski and unanimously passed by the Mayor and Council.  Science Day will be on April 27 at Montgomery College.

Bob Ekman, Ruth Hanessian, and others from the Rockville Consortium for Science accepted the Proclamation.  They brought with them some of the animals and exhibits that will be part of the event.

Re: Proclamation declaring April 14-18 as Business Appreciation Week in Rockville

Upon motion by Councilmember Gajewski, duly seconded by Councilmember Robbins, and unanimously passed by the Mayor and Council, April 14-18 was declared as Business Appreciation Week in Rockville.  Al Lampert, Chair of Rockville Economic Development, Inc. (REDI) and Sally Sternbach, REDI’s Executive Director, were present to accept the certificate.  Over fifty businesses will participate in Business Week.

Re: Citizens' Forum

Re: Response to Citizens’ Forum

Councilmember Gajewski commented on the following:

• Thanked Mr. Pierzchala for his comments regarding rules and having a separate hearing on the Constant Yield tax

Councilmember Marcucci commented on the following:

• Agreed with Councilmember Gajewski about the importance of rules, a better process for the budget and the difficulty in running for office

Councilmember Robbins commented on the following

• Agreed that improvements in the budget process would be welcome, including budget “options” 
• Commented on statement made by City Clerk Claire Funkhouser in the Gazette about the need for some leeway and understanding in judging novice candidates for office

Re: Public Hearing -Fiscal Year 2009 Proposed Operating Budget, Capital Improvements Program, and Constant Yield Tax Rate

The Mayor and Council convened in Public Hearing on the Fiscal Year 2009 Proposed Operating Budget, Capital Improvements Program, and Constant Yield Tax Rate at 7:38 p.m.  The Mayor read a statement regarding the public hearing, saying that this is the second Public Hearing on the FY 2009 Budget; the first hearing was held on Monday, March 31.

The Mayor and Council heard testimony from Budget Officer Stacey Tate and fourteen other speakers.  The testimony of the speakers can be found in the official public hearing file of the Mayor and Council in the City Clerk’s Office.  There being no other persons wishing to speak, the Mayor closed the public hearing at 9:47 p.m.  The Mayor urged citizens to come to testify or to submit written testimony via mail or email to the City Clerk.  The FY 2009 budget is scheduled to be adopted on Monday, May 19.

Re: Introduction and adoption of ordinance to grant Zoning Map Amendment Application MAP2008-00103, Mayor and Council of Rockville, Applicant, rezoning the property located at 99 Maryland Avenue from O-1 to O-1 (HD) 

Ordinance No. 4-08

Historic Planner Jeff Winstel said that the Historic District Commission found that 99 Maryland Avenue, the old Rockville Library, is historically significant for its association with the cultural and historic heritage of Rockville and represents a locally important example of International style architecture.  The 1971 Rockville Public Library was the first purpose-built permanent public library in Rockville.  The library’s size and prominent location in the community is associated with Rockville’s transition from a small county seat to a major suburban community in the Washington metropolitan area.

Mr. Winstel said that staff is recommending introduction and adoption, which would require waiver of the layover period.

Councilmember Marcuccio asked if the owner needed to initiate or at least be notified of the application to designate.  She said she preferred not to go forward with designation unless something is slated for demolition.

Councilmember Gajewski said that it was his understanding that the building was slated for demolition soon.  Mr. Winstel said that was his understanding as well since the state was under no obligation to honor the designation.  Councilmember Gajewski wondered what the purpose of the City’s designation would be then and Mr. Winstel replied that the designation could be considered as more honorary than preservation.

Councilmember Gajewski continued by saying that the Planning Commission had voted unanimously not to recommend designation.  He wondered how this contrasted with the Historic Commission and staff’s recommendation.  Mr. Winstel said that staff and the HDC concluded that the Planning Commission ‘s finding was not consistent with the City’s criteria for historic designation.  Councilmember Gajewski noted that the state did not find the designation consistent with the criteria of the National Historic Trust.  Mr. Winstel said that there was some difference of opinion at the state noting that Jeff Longstrenth of the Governor’s Office does believe that it has some historic significance.

Councilmember Gajewski asked if the City had tried to get historic designation for any of the other buildings in Rockville built by the architect.  Mr. Winstel replied that this was the only one.  Councilmember Gajewski asked if the County could also override the designation if it were to reacquire the building.

At this point, Councilmember Marcuccio introduced the ordinance.  Councilmember Britton moved to waive the layover period, which was seconded by Councilmember Marcuccio.  Councilmember Gajewski said that something was urgent, he would not vote to approve a layover.  The vote was taken and with Mayor Hoffmann, and Councilmembers Britton, Marcuccio, and Robbins voting, “aye,” and Councilmember Gajewski voting, “nay,” the layover was approved. 

Councilmember Britton then made a motion to approve the ordinance, which was seconded by Councilmember Robbins.  In discussion on the motion, Councilmember Marcuccio said that she would support the designation because the building had not yet been torn down and this action would make a statement about the importance of the issue.

Councilmember Gajewski said he considered this action to be a sham.  He noted that the designation sat for a long period of time before it want forward, saying something was holding it up and that it might not have gone forward if the City had acquired it.  However, now that the state has acquired it, the City is weighing in on the issue.  He said he appreciated the comments of Councilmember Marcuccio, but felt that nothing would stop the District Courthouse now.  Councilmember Gajewski added that this action would merely embarrass the state, when it was important for them to work in partnership with both the County and the State.

Mayor Hoffmann said that she did not appreciate Councilmember Gajewski attributing any motives of the part of other members of the Council and that she had no intention of embarrassing anyone, but the City, as a separate arm of government did have the right to express itself.  Councilmember Gajewski said he was not attributing any motives to the action, but at best, it could only be symbolic.

A vote was taken on the motion and, with Mayor Hoffmann and Councilmembers Britton, Marcuccio, and Robbins voting, “aye,” and Councilmember Gajewski voting, “nay,” Ordinance No. 4-08 was adopted.

Re: Adoption of Resolution to further modify the moratorium, established by Resolution No. 17-06, extended by Resolution No. 10-07, and modified by Resolution No. 2-08, on the filing of certain development related applications until the completion of a comprehensive review and analysis of the City's zoning and development regulations and the adoption of the revised Zoning Ordinance and the Comprehensive Zoning Map Amendment, by further exempting from the moratorium and allowing the filing of certain applications for setback variances and maximum lot coverage variances for one-family detached residential lots

Resolution No.4–08

Chief of Planning Jim Wasilak explained that the resolution was a modification of one that had been enacted in February.  After the previous resolution had been approved to allow for a minor setback variance, it was discovered that the applicant needed two further variances to move forward.  This action would enable this to happen, in keeping with the intent of the previous resolution.

Councilmember Marcuccio asked if this had anything to do with the text amendment regarding porches, but Mr. Wasilak said that is a separate issue that will have a public hearing on April 21.

Counncilmember Marcuccio asked if this would interfere with the work on the new zoning ordinance, but Mr. Wasilak said it would not.  Mayor Hoffmann asked if this would require a public hearing and, again, Mr. Wasilak said that it would not.  Mayor Hoffmann said she assumed this would need to go before the Board of Appeals and Mr. Wasilak replied that it would and that the action taken this evening would enable the filing to go forward.  Neighbors will be notified once it is formally filed.

Upon motion by Councilmember Marcuccio, duly seconded by Councilmember Britton and unanimously passed, Resolution No.4–08, to further modify the moratorium, established by Resolution No. 17-06, extended by Resolution No. 10-07, and modified by Resolution No. 2-08, on the filing of certain development related applications until the completion of a comprehensive review and analysis of the City's zoning and development regulations and the adoption of the revised Zoning Ordinance and the Comprehensive Zoning Map Amendment, by further exempting from the moratorium and allowing the filing of certain applications for setback variances and maximum lot coverage variances for one-family detached residential lots was approved.

Re: Future Agendas 

Councilmember Marcuccio asked about the filing of the historic designation for the County-owned buildings on Fleet Street.  She said she thought the Mayor and Council had already authorized this.  City Clerk Claire Funkhouser said that, although the Mayor and Council had had a briefing on this, the map amendment was never formally filed.  Chief of Planning Jim Wasilak explained further what the process would be.

Re: Old/New Business

Councilmember Marcuccio spoke of her desire to move forward with some rules of procedure.  Mayor Hoffmann said she knew that the Mayor and Council had directed City Attorney Glasgow to bring something to them for consideration on April 21.  Mr. Glasgow said that he had been investigating several models, including some from North Carolina and California.  He said his goal was something rather direct designed to handle the fifteen actions that the Mayor and Council were most apt to have to handle.  Mr. Glasgow said that to the extent that the Mayor and Council would have to deal with something more complicated, the back-up plan would be to defer to Robert’s Rules.

Councilmember Marcuccio said she would be more comfortable with a Rockville model rather than something from another place.  Mr. Glasgow said his goal was to keep things as simple as possible.  One outstanding issue would concern what is considered to be a majority.  Councilmember Marcuccio wondered if the Charter covered that.  Mr. Glasgow said that it did not, but the Charter and other areas of the City’s Code as well as state law did proscribe some rules for other actions other actions.

Councilmember Gajewski alluded to another model, Rosenberg’s Rules, which would have covered the problem on March 3, which started this discussion.

Re: Adjournment 

There being no further business, the Mayor and Council adjourned at 9:29 p.m.