PRESENT:
Mayor Williams Council Member Wright Council Member Clay Council Member Robinson Council Member Seamens Council Member Snipper Council Member Schultz		City Manager Matthews City Clerk Carpenter Deputy City Manager Ludlow HCD Director Daines HCD Staff Member Neher Police Chief Ricucci

 

Mayor Williams changed the order of the meeting to have the two presentations immediately follow the Council comment period.

Mr. Williams complimented the organizers of the Street Festival.

Mr. Williams noted that the new Montgomery College Cultural Arts Center on Burlington Avenue is a very nice facility. He had recently attended a performance there.

Mr. Williams announced that the City now has a presence on Facebook and Twitter.

Mr. Williams commented on ongoing efforts to clean up the Chesapeake Bay. At a recent Council of Governments meeting to prepare comments on the Watershed Improvement Plans, it became clear that there has been the most improvement in the area of wastewater treatment plants. Agriculture is an area where improvement is needed. Another area is stormwater management. The City will need to make substantial retrofits to its stormwater system that will necessitate an increase in the stormwater management fee over the next few years.

Mr. Robinson asked the City Manager to research what it would cost for the City to take over maintenance of Takoma Urban Park. He noted that the City had heard back that the park will not be renamed for Gilbert Kombe as requested.

Mr. Robinson commented on the recent drug bust at a house on Sherman Avenue where a large amount of cash and drugs were seized. He noted the resident had been the subject of a City Paper report a number of years ago. He commented that it was a tragic situation.

Mr. Snipper commended the Police Department for its action in a recent crime situation in Ward 5.

Mr. Snipper noted that in his recent travels, he heard many positive comments about Takoma Park. He also commented that there are many good things happening in California on environmental and sustainability issues and on using new media to communicate with residents. He said he looked forward to helping the City move along in those directions.

Ms. Clay announced that Wednesday was International Walk to School Day. She commented that she had enjoyed the Street Festival. Ms. Clay also announced a Ward 2 Halloween party at her house to be held on October 30.

Ms. Clay said she had attended a SOSCA meeting. The group is looking for more folks to join the organization.

She reported an erosion problem along Sligo Creek Parkway near the Carroll Avenue Bridge. She said she had reported the problem to Public Works.

Ms. Clay commented on the issue of solar panels versus the Tree Ordinance. She put out the idea of "first do no harm." She said that cutting trees down for solar panels violates this rule. She said she did not see the notion of solar power versus coal mining as a rational argument. She noted that you can buy wind power if you don’t want to support coal power. She said you can take the argument another way, related to where the solar panel materials come from. We really need to take a balanced look at green building and be careful about green gadgetry. It is not the case that green gadgets are better than reducing consumption and doing whatever else you can.

Mr. Schultz invited residents of Takoma Overlook to attend a meeting with him and City staff.

Mr. Schultz praised the Library for the banned book program.

Mr. Schultz also announced that the New Hampshire Gardens Association was preparing to install its new kiosk and was planning a neighborhood wide yard sale.

Mr. Wright said he learned that the plantings to screen the drive at Takoma Park Middle School would go in later in the month.

Mr. Wright complimented Roz Grigsby for the Street Festival.
 
Mr. Wright reported that Public Works would be putting out a flyer regarding sidewalk work along Boston Avenue. He said that, during the winter, it may be a good time to pause and have a discussion and presentation on the sidewalk project -- what has been done, what does it cost, and what has been done to involve the community. He said we can learn some things about increasing community engagement. He said he would like to discuss the trade off between doing new sidewalks and the ADA compliance improvements.

Mr. Wright commented on the Tree Ordinance. He said he hopes we can make more progress on having a discussion about specific improvements to the Ordinance, such as giving people credit for planting in advance and using public dollars to plant trees on private property. He said that, in the response from City staff, it appeared that if you want to find a way not to do something, you can find a way not to do it. He suggested, for example, you could give tree planting credit only when people buy through the bulk buy program. To plant trees on private property with public dollars, you could construct a legal contract laying out responsibilities of the homeowner. He said he would like to have a solar expert in to talk about the solar issue and perhaps plan to give some credit or partial credit for tree replacement when installing solar panels.

Mr. Wright commented that when the Council takes up the discussion of the Task Force on Environmental Action report, he would like to see more can do suggestions rather than reasons why we can’t do things.

(1) Report on City of Takoma Park's Safe Routes to School Program

Lucy Neher made a presentation on the Safe Routes to School Program.

(2) Briefing on Plans for Takoma-Piney Branch Park

Ellen Masciocchi, M-NCPPC Planner, and Linda Komes, M-NCPPC Landscape Architect provided an update on construction plans for the park. The construction is expected to take a year. The budget is $2.3 million; all bid alternates were able to be included.

Mr. Robinson asked how stormwater would be handled in Takoma Woods.

Ms. Komes said the plan is to create a wetland and deer protection. Since the most sensitive area is the slope, all work there will be done by hand or with low impact equipment.

Ms. Ludlow noted that the City will maintain the wetland.

Mr. Williams asked if the City is the issuing authority for the stormwater permits.

Ms. Ludlow said the City will be responsible for issuing the permits and the City Arborist has been reviewing the plans and has attended many meetings.

Mr. Seamens asked how invasives would be managed.

Ms. Komes responded that they were coordinating with the Grant Avenue residents on invasives.

Mr. Seamens asked that the Ritchie Avenue residents be included in this as well.

Ms. Clay asked about the play equipment and play area.

Ms. Komes said the playground would be constructed in the summer, after the end of the school year. No heavy equipment is permitted in the area while school is in session.

Mr. Wright asked that the residents on Grant and Darwin Avenues be kept informed about construction noise. He asked if there would be a bathroom on site.

Ms. Komes said she hoped there would be portapotties.

Mr. Wright asked about plans to coordinate the redo of the bottom of Grant Avenue with the promised plan to screen the back of the Community Center from view.

Ms. Ludlow said that the end of Grant Avenue would be a staging area during construction. The screening work will be done after the work is completed.

Pat Loveless, Maple Avenue, commented that he enjoyed the Street Festival. He reported on peace and justice issues and encouraged people to vote.

Mark Verschell commented on parking problems around Belle Ziegler Park. He submitted a petition with over 70 signatures requesting that the City manage the issue (attached). He disagreed with the City Manager’s interpretation of the City Code regarding issuance of permits for the park. He commented that if issuing permits is permissive rather than mandatory, then people do not have to apply for permits.

Jerry Fuller, Ward 4, supported the idea of walking to school. He asked if the plans for Takoma-Piney Branch Park would affect the trail.

Ms. Ludlow responded that there would be a gate at the Park Ritchie. The idea is to keep the trail for use.

Chief Ricucci recognized Pfc. Keith Hubley for his work that lead to the drug bust.

Chief Ricucci commented on notification to residents during police actions. He said the recent incident of concern to residents was a fluid situation involving multiple agencies and two helicopters. Although the Department tries to get word out, it is not always possible to get information out immediately since the Department is not large enough to have a full time public information officer. He said the priority was to catch the bad guys.

Ms. Matthews distributed the Police Retirement Plan Actuarial Report of June 30, 2010 and the Board of Elections Report. (Both reports are attached.)

(3) First Reading Ordinance Authorizing Reimbursement to M-NCPPC for Demolition of 6502 Sligo Mill Road

Ms. Ludlow provided background information. Eleven years ago during the Master Plan process, the biggest controversy was surrounding the Poplar Mill Sligo Mill area. The City was able to get Park and Planning to purchase the land around 6502 Sligo Mill Road, with a small contribution from the City. That single family parcel is now available for sale to Park and Planning. The City’s contribution of funding for the demolition of the structure will allow the purchase to take place. If the sale is negotiated, Park and Planning will add the property to the park land.

Mr. Williams asked about current ownership of the property.

Ms. Ludlow said a Florida company has control of the property.

Mr. Williams asked for confirmation that if the company could otherwise dispose of the property, then townhouses could be built there.

Ms. Ludlow said that could happen.

Mr. Robinson said he supported the purchase. He noted that there had been some concern about tearing down the old house but he would support the proposal.

Mr. Wright said he would support the proposal because it is a good opportunity to add to the park area. He said he hopes we can examine other decrepit structures for demolition (such as 36 Philadelphia Avenue).

Mr. Schultz said he was supportive. He said he hoped the demolition would not occur until the deal is signed.

Ms. Ludlow confirmed that the whole project needs to be signed off on before anything can happen.

Mr. Williams noted that this would be a continuation of the partnership the City has had with Park and Planning all along in this area.

Ms. Ludlow confirmed that the City and Park and Planning are bound by a Memorandum of Understanding concerning the park land.

Catherine Tunis commented that it has been a long and complicated process to get to this point. The Sligo Mill Poplar Mill properties are seen as a premier open space for the City. It was always the plan of the Open Space Plan Committee to include this property. She said Historic Takoma had looked at the structure and agreed it is not able to be saved.

Motion to accept First Reading Ordinance 2010-47 Authorizing Reimbursement to M-NCPPC for Demolition of 6502 Sligo Mill Road. Moved by Council Member Robinson, seconded by Council Member Seamens.    (VOTING FOR: Mayor Williams, Council Member Wright, Council Member Clay, Council Member Robinson, Council Member Seamens, Council Member Snipper, and Council Member Schultz)

First Reading Ordinance 2010-47 (attached)

VOTE TO CONVENE AS THE STORMWATER MANAGEMENT BOARD

Mr. Snipper moved that the Council convene as the Stormwater Management Board; seconded by Mr. Robinson. The motion carried.

(4) Second Reading Ordinance Authorizing FY 2011 Stormwater Fund Budget Amendment No. 1

Motion to adopt Second Reading Ordinance 2010-46 Authorizing FY 2011 Stormwater Fund Budget Amendment No. 1. Moved by Council Member Clay, seconded by Council Member Wright.    (VOTING FOR: Mayor Williams, Council Member Wright, Council Member Clay, Council Member Robinson, Council Member Seamens, Council Member Snipper, and Council Member Schultz)

Second Reading Ordinance 2010-46 (attached)

(5) Single Reading Ordinance Approving the Purchase of a Street Sweeper

Motion to adopt Single Reading Ordinance 2010-48 Approving the Purchase of a Street Sweeper. Moved by Council Member Snipper, seconded by Council Member Robinson.    (VOTING FOR: Mayor Williams, Council Member Wright, Council Member Clay, Council Member Robinson, Council Member Seamens, Council Member Snipper, and Council Member Schultz)

Single Reading Ordinance 2010-48 (attached)

(6) Discussion of Proposed Amendments to the Housing Code

Ms. Daines presented conceptual amendments to the Housing Code.

Ch. 6.08 - Elimination of Commercial Occupancy Licenses. The program was never implemented and expired on June 30, 2007.

There was not opposition to making this change.

Ch. 6.12 - Addition of restrictions on placement of surfaced parking areas to limit the establishment of new parking areas to the side and rear yards. Ms. Daines noted that this may not be possible because of the Zoning Code.

Ms. Clay said she was interested in limiting impermeable surface and places to park cars. She was concerned that the proposal might increase impervious surface.

Ms. Daines indicated that the proposal was more to keep entire front yards from becoming a parking area.

Mr. Seamens noted this could be difficult to word to be clear. He suggested it may be more appropriate for commercial or multifamily to have parking in the front.

Ms. Daines said the intention is to deal with additional parking being added to limit the expansion to the side and rear. She said it is difficult to get certain aspects of the Zoning Code enforced and this change would give the City authority to do some enforcement through the Property Maintenance Code.

Council was generally supportive of this.

Chap. 6.12 - Addition of restrictions on placement and duration of temporary storage facilities such as storage pods and containers.

Council was supportive of this.

Ch. 6.12 - Establishment of limitations on the amount of time a temporary measure (such as a tarp) may remain in place to correct a maintenance issue.

Council was supportive of this. Mr. Wright suggested tying the limitation to work permits and active construction going on after six months.

Ch. 6.12 - Elimination of the hearing process required prior to City removal of graffiti from private property.

Mr. Snipper urged inclusion of language that addresses the issue of work that is art and not graffiti.

Mr. Seamens supported Ms. Daines proposal but said we need to ensure that property owners have an adequate opportunity to remove graffiti.

Certain Sections of Title 12 - Incorporate into the Property Maintenance Code language related to vegetation obstructing sidewalks and traffic and the height of vegetation in lawns.

Council was supportive. Mr. Robinson asked about leeway to convert lawns to more natural environments.

Ms. Daines said that Code Enforcement has been told to use discretion on this issue. She said she could review the language.

Certain Sections of Title 11 - Amend to clearly state when sidewalks outside of the City’s commercial areas are to be cleared of ice and snow. Establish a time by the end of the day when sidewalks must be cleared or look at the County language which allows 24 hours or, if a plow deposits snow and ice on a sidewalk, allows another 24 hours to clear it. The County language also gives the County Executive the authority to establish a different deadline in severe conditions.

Council was supportive of this.

6.20 Rent Stabilization - Expand the properties exempt without application to include two-unit owner occupied rental facilities. Ms. Daines said this would address properties that were designed for two-dwelling units, or single family homes that have established accessory apartments.

Council did not oppose this. Mr. Robinson asked if the City could exempt itself from the County accessory apartment requirements.

Ms. Daines said she did not recommend seeking exemption.

Ch. 6.24 COLTA - Expand the list of parties that have standing to file, including the City, authorize the City to close a COLTA case when a complainant fails to provide information in a timely manner or when COLTA lacks jurisdiction, reduce the time limit to file a complaint for illegal rent or fee from three years to one year.

Council was not opposed.

Ch. 6.28 - Sale of Rental Facilities. Eliminate the point of sale inspection.

Council was not opposed.

Ch. 6.32 - Tenant Opportunity to Purchase. Add the City as an entity with right to purchase a rental facility in the event a third party contract is executed by the owner. Extend the time period for a tenant to secure financing from 30 to 60 days.

Council was not opposed.

Ch. 6.36 - Unsafe Buildings-Public Nuisance Abatement. Addition of language from the County Code requiring consultation with the County in the event a building is declared unsafe or a public nuisance and is located within a designated historic district or is an historic structure.

Council was not opposed.

Ms. Daines said she would bring back further information on additional models for monitoring unsafe or nuisance properties.

The Council adjourned for the evening at 10:38 p.m.