CITY OF TAKOMA PARK, MARYLAND
PUBLIC HEARINGS, INTERVIEWS, REGULAR MEETING AND WORKSESSION
OF THE CITY COUNCIL

7:30 p.m. - Community Center Auditorium

Monday, July 17, 2006
 
MINUTES


Minutes adopted July 31, 2006.

EXECUTIVE FUNCTION SESSION

An Executive Function Session was held by the Council in the Community Center Council Conference Room at 6:00 p.m. to prepare for the City Manager’s evaluation.  (Executive Function Sessions are closed and not subject to the Open Meetings Act.)

REPORT OF CLOSED SESSION HELD ON JULY 10, 2006

The City Council convened on July 10, 2006, at 6:31 p.m., in the Community Center Auditorium, 7500 Maple Avenue, Takoma Park, Maryland.

Motion to convene in closed session to receive legal advice relating to the Police Department, pursuant to Annotated Code of Maryland, State Government Article, Section 10-508(a)(7).  Motion by Seamens; second by Austin-Lane (VOTING FOR: Porter, Austin-Lane, Seamens, Williams; ABSENT: Barry, Clay, Elrich).

The Council convened at 6:35 p.m. in the Council Conference Room (OFFICIALS PRESENT:  Porter, Austin-Lane, Seamens, Williams; OTHERS PRESENT:  City Attorney Silber).

The Council received legal advice regarding the Police Department.

Following the closed session, the Council reconvened in open session in the Community Center Auditorium.

CALL TO ORDER

The City Council convened at 7:40 p.m. in the Community Center Auditorium, 7500 Maple Avenue, Takoma Park, Maryland.

ROLL CALL

PRESENT:
Mayor Porter
Councilmember Austin-Lane
Councilmember Clay
Councilmember Elrich
Councilmember Seamens
Councilmember Williams
Deputy City Manager Hobbs
City Clerk Carpenter
Public Works Director Braithwaite
Assistant City Attorney Sigman
HCD Director Daines
Senior Planner Ilona Blanchard
 
ABSENT:  
Councilmember Barry
 
COUNCIL COMMENTS

Mr. Williams complimented staff on the periodic update of new hires in the City.  He suggested that it be posted on the web if it is not already posted.

Ms. Clay commented that she had attended a sustainable building conference in the Pacific northwest.  She said she was looking forward to sharing the information she obtained.

ADOPTION OF MINUTES:  May 25, 2006; June 5, 2006

Consideration of the minutes was postponed until July 24.

PUBLIC COMMENT PERIOD

Scott Steward, Director of Marketing and Communications at Columbia Union College , spoke about the College's efforts to prevent further discharge into Sligo Creek.  He said they are truly sorry for what had happened in the past, but they have changed their practices.  He said they are working toward total resolution of the problem.  Mr. Steward noted that they believe it will cost less than half of the quoted $250,000 to fix the problem.

CITY MANAGER’S COMMENTS

Mr. Hobbs announced that Montgomery County had opened a cooling center for   persons needing a cool place to go during the day in the hot weather.

Mr. Hobbs reported that repair work on the flood damaged area of the Police   Department had begun. Some Police personnel had been temporarily moved to  the trailers. He reported that it was anticipated that work would be completed by  August 3.

Mr. Seamens asked about the status of air conditioning in certain areas of the Community Center building.  Mr. Hobbs said the City would be soliciting bids to have the necessary additional work completed. He noted that, in the interim, space coolers had been installed where needed.  Mr. Hobbs reported that James F. Knott Construction had run a test on the water runoff system in the front parking lot. He indicated that the  balloon had inflated as required, but that there was some difficulty in deflating it.  Knott Construction would be checking with the manufacturer to see if the problem can be remedied.  Mr. Hobbs noted that staff had noticed sediment collecting in the trough in the parking lot. He said that problem is also being looked into.

Mr. Hobbs reported that a meeting would be held with TRG Construction later in the week to review the punchlist items and other remaining issues. A meeting was also planned with James F. Knott to work on resolving outstanding  issues.

PUBLIC HEARINGS

(1) Residential Permit Parking on Prince George’s Avenue, Conway Avenue, Belford Place, Belford Drive, and New Hampshire Avenue

Sandra Filippi, 501 Belford Place , spoke in support of 24/7, 365 days a year residential permit parking in her neighborhood.  She said many homes do not have off-street parking.  Ms. Filippi commented on the area being used as parking for Belford Towers, across New Hampshire Avenue.
 
Barre Bull, 501 Belford Place , spoke in support of 24/7 residential permit parking restrictions.  He commented on the problem with taxis and airport shuttles parking on the street.  He said there is no parking available on weekends, creating a quality of life issue.

Larry Sanders, 6703 Prince George’s Avenue , spoke on behalf of his father, Arthur Sanders, who requires nursing care.  As a result of the parking problem, he indicated that there is no place for the caregivers to park when coming to the house, and when transporting his father, it is difficult to get parking in front of the house to pick him up and drop him off.

Joshua Prentice, 6710 Conway Avenue , said although he did not believe permit parking was necessary, he wanted to speak on behalf of an elderly neighbor and others who do support permit parking.  He commented on the large number of non-resident vehicles parked in the area.  Mr. Prentice asked Council to consider dealing with the source of the problem by contacting Belford Towers.

Angela Bouma, 6704 Conway Avenue , spoke against parking permits, but indicated that if permit parking is instituted, she wanted Conway Avenue to be included.  She also requested that the City try to deal with Belford Towers directly.

Herman Bouma, 6704 Conway Avenue , said that permit parking would be an unnecessary hassel on his street, but also indicated that if permit parking was instituted, he would want his block included.

Mylo Bannerman, 6726 Conway Avenue , said he emphasized with his neighbors, but he was totally against permit parking on his block.  He said the City could do something about the problem by taking action with Belford Towers.  He asked how the City would enforce the permit parking.

Mike Green, 6722 Conway Avenue , said he has no off-street parking and has four vehicles, but had no problems with parking.  He opposed permit parking.

Tony Kranwinkel, 502 Belford Place , commented in support of residential permit parking.  He commented that his special needs son is picked up by a bus, but the walkway is often blocked by vehicles owned by nonresidents.  He spoke about past confrontations his neighbors had had, and also noted the problem with taxis parking on the block.

Jennifer Liebreich, 6708 Prince George’s Avenue, said she had circulated the petition.  She encouraged the City to try to work with Belford Towers.  Ms. Liebreich commented on the problems with trash, crime, and public urination caused by owners of vehicles who use the area for parking.  She said it is especially a problem on nights and weekends.  She asked for 24 hour, seven day a week restrictions.

Charles McNamara, 6800 Prince George’s Avenue , spoke in favor of permit parking.  He encouraged the Council to expand the permit parking area as needed.

Susan Stimbler, 6715 Conway Avenue , spoke in favor of the parking permits.  She said it is a neighborhood problem that needs a neighborhood solution.

Cecil Glasgood, 6800 New Hampshire Avenue ,  spoke in support of permit parking on his block.  He noted that he and his neighbors have felt neglected because the street is not swept and is in disrepair.  He said he has to clean up trash from the vehicles parked there.  He encouraged the City to work with Belford Towers.

Kathleen Long, 6724 Conway Avenue , said she supported permit parking for the 6700 block of Conway Avenue.  She asked about City efforts to contact Belford Towers.

Ms. Clay said she had made numerous contacts to Belford Towers, without results.  She said she had also been working on approaching the problem in other ways, through Prince George’s County officials and others.

The public hearing closed at 8:30 p.m.

(2) Conway Avenue Traffic Calming

Herman Bouma, 6704 Conway Avenue , said he was against speed humps as a matter of principal.  He said he did not see much of a problem with speed on his block.  He urged the Council to install a kind of flat top speed hump if speed humps are to be installed.  He noted concerns with emergency vehicles and snow plows.

Angela Bouma, 6704 Conway Avenue , spoke in opposition to speed humps.  She noted they can be difficult for emergency vehicles and sick people who must be transported.

Joshua Prentice, 6710 Conway Avenue
, said he believed speed humps are necessary on his street.  He spoke about the number of young children on the street, and the speed of some vehicles that travel the street.

Mylo Bannerman, 6726 Conway Avenue , spoke in opposition to speed humps, on his part of the block.  He said if speed humps are to be installed, he would prefer the lower speed humps that are safer for bicycles.

Jorge Torriente, 6718 Conway Avenue , commented on permit parking on his block.  He asked about the process for getting visitor permits.

Debrah Torriente, 6718 Conway Avenue , agreed with Jorge Torriente.

Risa Shaw, 404 Circle Avenue , spoke concerning both Conway Avenue and Woodland Avenue.  She said she was not a fan of speed humps, but requested lower speed humps that would be safe for bicycles.  Ms. Shaw also noted for the record that many of the signers on the Woodland Avenue petition lived on Woodland Avenue above Elm Avenue.

Suzy Stimler, 6715 Conway Avenue , spoke in support of speed humps by 6713 and 6705 Conway Avenue.  She spoke about the problem of drivers violating the one-way at the lower end of the street.

The public hearing closed at 8:49 p.m.

(3) Woodland Avenue Traffic Calming

Ameena Batada, 6705 Woodland Avenue , said although she was fairly new to the neighborhood, she saw the need for some type of traffic calming measure on Woodland Avenue.  She commented that a neighbor indicated that drivers use Woodland as a cut through because of speed humps on other streets.  She advocated for lower speed humps, that would be safe for bicycles.

Risa Shaw, 404 Circle Avenue
, asked that her previous comments be taken into consideration.

The public hearing was closed at 8:52 p.m.

INTERVIEWS

(4) Arts and Humanities Commission

The Council interviewed Randy Cohen and Sandra Grady for reappointment to the Arts and Humanities Commission.

(5) Safe Roadways Committee

The Council interviewed Dan Turner for reappointment to the Safe Roadways Committee, and interviewed Margaret Warner for appointment.

(6) Health Services Impact Committee

Trevor Delafield was not present for his interview.

(7) Noise Control Board

The Council interviewed Ellen Fabian and Kathleen Quinn for reappointment to the Noise Control Board.

Ms. Fabian commented on the work the committee had done to adopt bylaws and get the two party complaint process set up.  She indicated the Board would like some guidance from the Council about their charge.  Ms. Fabian noted the good work that the Noise Enforcement Officer had done.

Ms. Quinn commented that she would like to do more to get the word out about the Board and remedies available to noise concerns.

Steve Davies was interviewed as a new applicant.  He spoke about his concerns with the use of leafblowers.

Ms. Porter agreed to schedule a follow-up discussion on the Noise Board in the fall.

REGULAR MEETING

(8) First Reading Ordinance Adopting Certain Articles of the Montgomery County Code and Authorizing the City Manager to Enter into a Memorandum of Understanding with Montgomery County to Administer and Enforce the Provisions of Chapter 19, Article IV, Water Quality Control, Relating to Illicit Discharge Detection and Elimination and Pollution Control

Ms. Clay asked if the Committee on the Environment was involved in the process.

Ms. Braithwaite indicated that the issue was more of an administrative matter.  The City is required by law to identify an enforcement body.  She said the staff had reevaluated the situation and determined that it is in the City’s interest to designate the County, which would shorten the length of time for enforcement.

Ms. Braithwaite said staff was still looking into the issue of whether the City could be a party in the State’s enforcement action against CUC.  She said there is no legal standing that the City could have at this point.

Motion to accept Ordinance 2006-30 at first reading, adopting certain articles of the Montgomery County Code and authorizing the City Manager to enter into a Memorandum of Understanding with Montgomery County to administer and enforce the provisions of Chapter 19, Article IV, Water Quality Control, relating to illicit discharge detection and elimination and pollution control. Moved by Councilmember Austin-Lane, seconded by Councilmember Williams.    (VOTING FOR: Mayor Porter, Councilmember Austin-Lane, Councilmember Clay, Councilmember Seamens, and Councilmember Williams; ABSENT:  Councilmember Barry, and Councilmember Elrich)

First Reading Ordinance 2006-30 (attached).

(9) First Reading Ordinance Exempting Certain Properties From Rent Stabilization

Mr. Sigman reviewed the ordinance as presented for first reading.  The Council made a number of suggestions for changes.  Mr. Sigman agreed to provide the revised language for second reading.

Mark Hessel, attorney for a number of Takoma Park landlords , indicated that he believed it was inconsistent to exempt landlords who own one property in the city, who may own other rental properties in other jurisdictions.  He commented that he hoped the exemption process will allow for a quick approval for landlords.  He also commented on the five year exemption for new construction and the problem of setting a base rent.  He urged delay of the ordinance.

Paul Gentile, rental property owner , commented on his concerns.  He said he felt there was a lack of regard for for-profit landlords.  He said he believed he had acted in the best interest of his tenants.  He asked the Council to have staff develop policies to create regulatory relief for landlords.

Ms. Porter said she agreed with Mr. Hessel’s concerns about landlords who own one property in Takoma Park but a number of units outside the city.  Ms. Porter encouraged the landlords to provide a model for for-profit landlords to be eligible for the exemptions by entering into an agreement with a government agency as provided for in the ordinance.

Mr. Seamens announced that he would recuse himself from the vote because the ordinance could affect him.

Motion to accept Ordinance 2006-31 at first reading, exempting certain properties from rent stabilization. Moved by Councilmember Austin-Lane, seconded by Councilmember Williams.    (VOTING FOR: Mayor Porter, Councilmember Austin-Lane, Councilmember Clay, and Councilmember Williams; ABSENT:  Councilmember Barry, and Councilmember Elrich; ABSTAIN:  Councilmember Seamens)

First Reading Ordinance 2006-31 (attached).

BREAK

The Council recessed for a scheduled break and reconvened in Worksession.

WORKSESSION

(10) Discussion of Residential Permit Parking on Prince George’s Avenue, Conway Avenue, Belford Place, Belford Drive, and New Hampshire Avenue

Ms. Porter noted that at the SOSCA meeting, residents expressed interest in having the restrictions seven days a week.

Mr. Williams indicated that the current regulation existed because there was a need to reduce the number of categories for enforcement purposes.

Ms. Austin-Lane said she thought Council should be respectful to different neighborhoods having different needs.

The Council discussed hours of permit parking and whether Conway should be split at the "T" intersection.  They also discussed targeting enforcement and seeking clarification on commercial vehicles parked overnight.  The Council agreed to move forward with the ordinance creating a residential permit parking area, and asking for clarification from the City Attorney and the Police Department on the issues of splitting blocks and changing hours of restriction.

Ms. Clay asked that the City Attorney be asked to review the public nuisance issue as created by Belford Towers.

Ms. Austin-Lane requested that the Council discuss parking meters on Takoma Avenue across from Jequie Park.

(11 and 12) Discussion of Traffic Calming Petitions for Conway Avenue and Woodland Avenue

Ms. Clay indicated that she felt comfortable with the kind of traffic calming being talked about.

Ms. Braithwaite commented on the limitations in the Code and noted that the Council may want to address those issues in the future.

Ms. Braithwaite described three types of devices that could be offered:  the city standard speed bump, which cost $800 to install; the county standard speed hump, which would cost $3,000 to install; and a speed table which would cost $5,000 to install.  She said that speed tables are usually more appropriate for crosswalks.

Ms. Braithwaite indicated that on Conway Avenue, it would be difficult to meet the standards described in the Code for distance between speed humps.  She said the City Engineer would have recommended one speed hump, but that he could install two.

Ms. Braithwaite noted the limitations on Woodland Avenue, where there would be less of a problem installing two speed humps.

Ms. Clay commented on the higher price of the speed hump.  She agreed that is what the residents want.

Ms. Porter commented that she was willing to try the more gradual speed humps.

Ms. Austin-Lane recommended that residents try driving over the county standard hump to be sure that is what they want.  She suggested that the City Engineer look at the speed humps on Park and Planning roads and other areas, and work to develop a new standard.

Ms. Porter indicated that the ordinance would not specify the type of speed hump; the City Engineer could work with the residents to determine the type of the speed humps to be installed.

(13) Discussion of DC Comprehensive Plan and the National Capital Planning Commission Regional Plan

Ms. Blanchard noted a letter that she had prepared for Council that commented on the Federal Capital Improvement Program for the National Capital Region.  The letter included comments to three items in the plan:  maintaining and restoring boundary markers, the Purple Line, and tourist information and pedestrian kiosks.

Ms. Porter suggested language to be added referencing the City’s plans for kiosks.

There was Council consensus on sending the letter as revised.

The Council then discussed the draft resolution commenting on the DC Comprehensive Plan.  The Council agreed that the resolution should be scheduled for consideration with the revisions discussed during the worksession.

ADJOURN

The Council adjourned for the evening at 10:52 p.m.