PRESENT:
Mayor Porter Councilmember Austin-Lane Councilmember Clay Councilmember Seamens Councilmember Snipper Councilmember Williams		City Manager Matthews City Clerk Carpenter Public Works Director Braithwaite HCD Director Daines Affordable Housing Manager Walker Housing Specialist Kerr Assistant City Attorney Sigman

 

ABSENT: 

Councilmember Barry

 

The City Council convened at 7:30 p.m. in the Community Center Auditorium, 7500 Maple Avenue, Takoma Park, Maryland.

Mr. Williams thanked Chief Ricucci and Lt. Collington for attending a recent community meeting on Carroll Avenue.

Mr. Williams noted a newspaper article that mentioned Takoma Park’s resolution regarding cage free hens. He also mentioned that because of his sponsorship of the resolution, he had been nominated and received an honorable mention by the COG Animal Services Committee.

Mr. Williams updated Council on the Council of Governments’ list of policies and priorities.

Mr. Williams said he went to the 88th annual midwinter networking dinner of the Board of Trade. He noted that a Takoma Park resident is the Executive Director of the Greater Washington Initiative.

Ms. Austin-Lane noted her continuing attention on the public safety issue. She said she appreciated the Police Chief’s commitment and his taking seriously the concerns of residents.

Ms. Austin-Lane recognized her parents, visiting from Orlando, Florida. She announced that she was attending the National League of Cities Conference in Washington, D.C., from March 12-14.

Ms. Porter announced that the Council would not be meeting the first Monday in April (April 2), but would meet on the other four Mondays in April.

Motion to adopt minutes of February 12, 20, and 26, 2007, as corrected. Moved by Councilmember Seamens, seconded by Councilmember Clay.    (VOTING FOR: Councilmember Austin-Lane, Councilmember Clay, Councilmember Seamens, Councilmember Snipper, and Councilmember Williams; ABSENT:  Mayor Porter, and Councilmember Barry)

Ms. Matthews reported that she would be meeting with TRG on Phase Two issues.

Ms. Matthews reported on the City presentation at the State bond bill hearing the previous Saturday.

In response to a question from Ms. Austin-Lane, Ms. Matthews reported on the status of the elevator project. She indicated that the contractor was going through the permitting and inspection process.

Ms. Matthews announced that the City Council would be holding a joint meeting with the Public Safety Citizens Advisory Committee.

(1) Single Reading Ordinance Awarding a Contract for Installation of Rain Garden and Trench Drain for Cleveland Avenue

Ms. Braithwaite described the bid process and the difficulty of finding someone to bid on the project to install a rain garden and trench drain. She explained the project, which was the first phase of a comprehensive and innovative program developed by the City Engineer to deal with stormwater issues on Cleveland Avenue. The first phase One would allow quite a bit of water infiltration into the ground. The second phase would involve installation of underground retention basins. That phase would necessitate a future request for additional funds to proceed. She said the third phase would be the repaving of the street, which is on the schedule for FY08.

In response to questions from Council, Ms. Braithwaite indicated that she did not believe the program would increase the mosquito population because the retention area would allow for a 24 hour draw down of water, through a filtration medium. She described the water flow and explained that a membrane would be installed to separate the water from the pavement so as not to create issues with water under the pavement.

In response to a question from Mr. Loveless, Ms. Braithwaite said she did not believe the project would add to frost heave because it would mostly be 18-24 inches below the surface.

Motion to adopt Single Reading Ordinance 2007-11 by roll-call vote, Awarding a Contract for Installation of Rain Garden and Trench Drain for Cleveland Avenue. Moved by Councilmember Austin-Lane, seconded by Councilmember Williams.    (VOTING FOR: Mayor Porter, Councilmember Austin-Lane, Councilmember Clay, Councilmember Seamens, Councilmember Snipper, and Councilmember Williams; ABSENT:  Councilmember Barry)

Ordinance 2007-11 (attached).

(2) Single Reading Ordinance Awarding a Contract for a Stormwater Structure Inventory and GIS Database Update

Ms. Braithwaite commented on the ordinance which would fund a GIS database update and stormwater structure inventory. She noted that the project would enhance the City’s knowledge of the stormwater system and would help enable the City to meet Federal requirements. She said that water testing would also be done as part of the project.

Motion by Mr. Williams to convene as the Stormwater Management Board; second by Mr. Snipper. The motion carried unanimously (Mr. Barry absent).

Ms. Porter requested that the Council vote again on Ordinance 2007-11, now that the Council was sitting as both the Council and the Stormwater Management Board.

Ms. Austin-Lane moved to adop the ordinance awarding a contract for installation of a rain garden and trench drain for Cleveland Avenue. Upon a second roll-call vote, the motion carried unanimously (Mr. Barry absent).

Mr. Snipper asked if the contractor would use GPS. Ms. Braithwaite indicated that GPS would be used.

Mr. Seamens indicated that while the mapping of the infrastructure does have many advantages, he believed that the County should provide the service or provide a rebate to the City.

Mr. Seamens noted the utility poles had been mapped by Montgomery County but they had excluded Takoma Park from the project. He asked the City Manager to follow up on this.

Motion to adopt Ordinance 2007-12 by roll-call vote, Awarding a Contract for a Stormwater Structure Inventory and GIS Database Update. Moved by Councilmember Williams, seconded by Councilmember Austin-Lane.    (VOTING FOR: Mayor Porter, Councilmember Austin-Lane, Councilmember Clay, Councilmember Seamens, Councilmember Snipper, and Councilmember Williams; ABSENT:  Councilmember Barry)

Ordinance 2007-12 (attached).

(3) Second Reading Ordinance Amending Chapter 6.28.010 of the Takoma Park Code Expanding Notification Requirements for Contracts for Sale of a Rental Facility

Ms. Daines noted revisions made to the ordinance since first reading to incorporate language proposed by Councilmember Seamens as well as language that recognized that not all rental facilities are subject to rent stabilization.

The Council discussed mechanisms to inform parties and the public about notification requirements. They also discussed including a time limit for a purchaser's right to rescind a contract.

Mr. Sigman was requested to draft revisions to the ordinance.

Motion to table Second Reading of Ordinance 2007-8 for one week. Moved by Councilmember Williams, seconded by Councilmember Austin-Lane.    (VOTING FOR: Mayor Porter, Councilmember Austin-Lane, Councilmember Clay, Councilmember Seamens, Councilmember Snipper, and Councilmember Williams; ABSENT:  Councilmember Barry)

(4)  Continued Discussion of Proposed Revision to Rent Stabilization

Present for the discussion were Kenneth Baar (on speaker phone), Jean Kerr, Linda Walker, Sara Daines, and Ken Sigman.

BREAK

During the Worksession, the Council recessed for a scheduled break 8:58 p.m. and reconvened at 9:10 p.m.

WORKSESSION (continued)

The Council held a lengthy discussion with a focus on 1) exemption of properties based on the number of units; 2) increase in the annual rent increase allowance; and 3) limited rent increases upon the vacancy of a rental unit.

On exemption of properties based on the number of units in the building instead of the number of units owned by a landlord, there was Council consensus to make the change. Council discussed what number of units should be the threshhold. There was no consensus to go above four units. The majority of Councilmembers favored a four unit threshhold, however, Council asked for more information on the impact of exempting four, and possibly three or two-unit facilities. No final decision was made on the number of units.  (Note that Councilmember Seamens recused himself from this part of the discussion because he owns a rental property.)

Council discussed charging a fee for units exempt from rent stabilization because of the size of the facility. The idea of increasing the fee annually with the CPI was proposed by a Councilmember. There was Council consensus to begin with an annual fee of $300.

The Council discussed an increase in the annual rent increase allowance. The majority were comfortable with going to 100% of the CPI, however, the issue is to be revisited after the utility survey information becomes available.

The issue of allowing limited rent increases above the rent that would be permitted at the time of the vacancy was discussed. The Council did not concur with the recommendation to allow limited increases.

The Council adjourned for the evening at 10:44 p.m.