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9 February 2004 | Approved: 8 March 2004

Mayor John Compton called the meeting to order at 7:36 p.m. In attendance were Councilors Darrell Anderson, Betsy Klinger, Tom Land, Peggy Odick, David Stopak, and John Tomlin. Town residents Charlie Challstrom, David Neumann, Jamie Holtzclaw, Satoshi Amagai, Chris Kirtz, Bruce Rothrock, George Paine, Ann Briggs, Missy Yachup, Georgette Cole, Ernie Kawasaki, Candi Byrne, and Ralph Hurst were also present, as was Treasurer Mary Challstrom.

Public Appearances

David Neumann and Missy Yachup were in attendance to discuss the Town Ordinances and were asked by Mayor Compton to wait for that agenda item. George Paine wanted to go on record as being happy with our current snow removal procedure and is in favor of keeping it at the same level. Ann Briggs asked for and received Town Council support in funding the Mousetrap Concert Series for the next fiscal year. Contracts with the performers for next year must be finalized soon.

Approval of Minutes

Peggy Odick moved, Betsy Klinger seconded, that the Town Council minutes of January 12, 2004 be approved. Vote: 6-0.

Treasurer’s Report

The Mayor and Council reviewed a budget summary prepared by Treasurer Mary Challstrom. Discussion. Peggy Odick moved, Darrell Anderson seconded, that the Treasurer’s report for January be accepted. Vote: 6-0.

Mayor’s Announcements

  • Casey Field Update – Developer Sami Totah is still without an approval from the M-NCPPC Development Review Committee because of an inadequate storm water management plan. Mayor Compton stated that the plan may go forward in March but will likely slip to April. A letter will be sent to the Planning Board stating the Town’s position. Use of the Legacy Open Space field is in question again.
  • Shady Grove Master Plan Update – The Planning Board is under pressure from property owners and the County Executive to allow higher density (5,000 – 6,000 units vs. the proposed 3,000). There is a deficit in recreation facilities in the area and the Chairman of the Planning Board is questioning the passive recreation designation in the Legacy Open Space field. Darrell Anderson suggested that we bring out the Legacy Open Space presentation and re-educate the Planning Board.

Council Reports

Public Safety

Betsy Klinger reported that the signs for Neighborhood Watch have not been installed yet because of the weather. Chris Kirtz will call Jim Fletcher to remind him about installation. Betsy also reported that several garages were hit by paintballs recently. The Montgomery County Police were called. Recreation – Betsy Klinger reported that Summer In The Parks will happen after all. Tami Williams and Heather Hoerle have volunteered to co-chair the program. Town Council Minutes 9 February 2004 Page 2

Contracts

Tom Land reported that the weather has hampered trash and recycling pickup but Waste Management says service is back on track. Tom also reported that he has received a number of complaints about ice. John Tomlin reported that Ridge Road never got sanded at all and requested that the contractor be asked to spread sand on the hill every time it snows.

Historic Preservation Commission

Peggy Odick deferred to David Neumann for an HPC report. David reported that the HPC continues to work on design guidelines. He also stated that the Commission will use money from their budget to pay for historian Jerry Trescott to research the Appleby house (112 Chestnut Ave.). Reviews were done for 207 Grove Avenue and for 344 Ridge Road. Summaries of these reviews will be sent to the Clerk for publication in the Town Bulletin. David also reported that the HPC is working on how to handle the Historic District boundaries of 1979 vs. now. Website – Peggy Odick reported that all information on the Town website is current.

Maintenance

David Stopak reported that Jim Fletcher has been working on equipment and on road signs this winter. A discussion about buying a new tractor vs. continuing to repair the old tractor ensued. Recreation Facilities – David Stopak reported that the Town placed a deposit on the new playground equipment.

Roads and Walkways

John Tomlin reported that we are still waiting for bids on our road work. The Mayor and Council agreed to delay awarding this for another month.

Town Ordinance Revisions

Planning Commission Chair John McClelland stated that the Floor Area Ratio (FAR) idea should be put on hold until the Commission can do further research which will include gathering data about square footage of both properties and homes. Darrell Anderson stated that the greater issue was just how much intrusion residents would be willing to accept. David Stopak said that we need to show people what could actually happen. There was discussion about exceptions, process, and balancing the impact vs. need. David Neumann expressed the opinion that the process must have guidelines and a clear vision in order to be fair and to save the historic structures. There was further discussion about protecting neighbors from giant homes, outside pressures to build giant homes and the need to put something in place this year. John Compton suggested that establishing limitations on bulk with built in flexibility may be a way to get started. Charlie Challstrom reviewed the process for adoption and enactment of Town Ordinances cautioning that anything substantially different than what was presented at the February 2nd public hearing could not be adopted without further public comment.

  • Tom Land moved to delete Article I, Section 12. Peggy Odick seconded. Vote: 6-0.
  • Tom Land moved to adopt Article III, Section 4 as proposed. Peggy Odick seconded. Vote: 6-0.
  • Tom Land moved to adopt Article III, Section 11 as proposed. Darrell Anderson seconded. Vote: 6-0.
  • Tom Land moved to adopt Article IV, Section 1.c as proposed. Peggy Odick seconded.
  • Vote: 6-0.
  • Tom Land moved to adopt Article IV, Section 2.a.5 with the addition of as specified by the Planning Commission. Betsy Klinger seconded. Vote: 6-0.
  • Tom Land moved to adopt Article IV, Section 2.b with the removal of when required. David Stopak seconded. Vote: 6-0.
  • Tom Land moved, Peggy Odick seconded, to remove Section 3.326 of Article VII from consideration at this time. Vote: 6-0.
  • Tom Land moved to adopt Article VII, Section 3.328.b with the addition of of the pavement.
  • Darrell Anderson moved to adopt Article VII, new Section 3.329 Open Porches, as amended. Tom Land seconded. Vote: 6-0.
  • Darrell Anderson moved, Betsy Klinger seconded, not to revise the definition of a basement and to continue using the Montgomery County definition. Vote: 6-0.
  • Darrell Anderson moved not to include a new definition of building height in this revision. Tom Land seconded. Vote: 6-0.
  • Tom Land moved to add the definition of a Commercial Vehicle to Article VII, Section 4. Peggy Odick seconded. Vote: 6-0.
  • Tom Land moved to add the definition of a Dormer to Article VII, Section 4. Peggy Odick seconded. Vote: 6-0.
  • Tom Land moved, Peggy Odick seconded, to remove the proposed definition of floor area ratio from consideration at this time. Vote: 6-0.
  • Tom Land moved to accept the definition of a front yard as amended. Darrell Anderson seconded. Vote: 6-0.
  • Tom Land moved to add the definition of an Open Porch to Article VII, Section 4. Peggy Odick seconded. Vote: 6-0.
  • Tom Land moved to remove Section 5.31 of Article VII from consideration at this time. David Stopak seconded. Vote: 6-0.
  • Tom Land moved to add Section 7.2.g to Article VII with amendments upon review by Town Attorney Bill Roberts. John Tomlin seconded. Vote: 6-0.
  • Tom Land moved to adopt the changes in Building Height in Article VII, Section 9 as proposed. David Stopak seconded. Vote: 6-0.
  • Tom Land moved to remove the Maximum Floor Area Ratio (FAR) from consideration at this time. David Stopak seconded. Vote: 6-0.
  • Betsy Klinger moved, Tom Land seconded, to hold the public record on Ordinance Revisions open for additional comments until the March meeting of the Town Council. Vote: 6-0.

Discussion of Charitable, Religious & Educational Uses within Residential Zones

Peggy Odick moved, Darrell Anderson seconded to table this discussion until the March meeting of the Town Council. Vote: 6-0.

The meeting was adjourned at 11:38 p.m.

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