Sunday, February 22, 2015

City Council update: Takoma Metro, Takoma Junction, and Business & Multifamily Recycling

The three key topics to be discussed at the Monday, February 23, 2015 city council meeting are Takoma Metro and Takoma Junction development and a recycling requirement for city businesses and multifamily apartment buildings. The full agenda is on the city Web site.

I'll tackle the easiest of those three items first, recycling, then cover the development items --

Multifamily and Business Recycling

A proposed ordinance would require that Takoma Park businesses recycle cans, bottle, and paper goods, matching a Montgomery County requirement that was imposed back in 1993 and revised in 2005 that does not apply in Takoma Park. The city ordinance, if enacted, will close a huge loophole: Business recycling makes sense.

[Revised February 23:] The ordinance would strengthen the city's recycling requirements for larger multiunit apartment buildings, requirements that have been in place since 1993. (Our law would be more stringent than a Maryland state law enacted in 2012.) It would refresh existing city recycling code, which is now over thirty years old.

The draft ordinance is online. The council will discuss it -- the provisions, benefits, and costs -- at Monday evening's council meeting. We will then, presumably, vote on the ordinance in the weeks that follow.

Takoma Metro Development -- Comment on the Public Hearing Staff Report

I'll start with a Takoma Metro development refresher, then describe current status, and then tell you how you can comment to the WMATA board on development plans.

A refresher: The WMATA board voted last March to enter into an amended joint development agreement (JDA) with developer EYA. EYA plans a 200-unit residential apartment building in place of the current Takoma Metro station parking lot. A new transit-user parking facility, with fewer spaces, would be located under the new building.

Current status: WMATA held a public hearing on the proposed development on June 18, 2014. WMATA staff has prepared and released a draft report on the hearing. The report and a variety of exhibits, including a revised site concept plan, are posted on the WMATA Web site.

WMATA will accept comment on the report until March 2, 2015. Then the board's Planning, Program Development, and Real Estate (PPDRE) Committee is slated to discuss the report and comments at its March 12 meeting. The full board is slated to vote to accept the report at its March 26 meeting.

Once the board accepts the public hearing staff report, developer EYA is expected to submit a "planned unit development" (PUD) application for District of Columbia zoning approval. A PUD is required because the site design does not conform to the site's zoning. In particular, the planned building rises to a height of 69.5 feet within zones that limit building height to 40 and 50 feet.

That 69.5 foot height is actually a reduction from the last design released. In addition, WMATA and the developer relocated the loading dock to the side of the building and reduced the number of parking-access lanes from three to two, increasing the width of wooded green-space to be preserved, on the uphill side of the site, to thirty feet. The developer also substituted two-story units along Eastern Avenue NW, increased the setback from Eastern Avenue, and moved the step-back to maximum building height farther from the Eastern Avenue frontage. These are positive steps although they fall well short of changes WMATA and the developer can and should make to respond to the community's, and the city's, concerns.

The Takoma Park City Council will consider a resolution commenting on the draft public hearing staff report, at Monday evening's meeting. The draft resolution on the city Web site is not the latest draft, however; see this revision. The council may make additional changes.

The draft resolution references a document with detailed comments. The draft is online.

A key point: The design's oversupply of residential parking -- an estimated .55 parking ratio for a building located directly at a multi-modal transit hub -- is antithetical to smart growth principles. It's also contrary to the WMATA board's direction to staff and the developer "to minimize the number of the project’s residential parking spaces in order to promote greater transit utilization by residents and reduce traffic impact." The in-process Washington DC zoning rewrite would set a minimum (by right) parking ratio of just .17 (1-to-6); the current design includes over three times the DC-determined minimum so fails to meet the "minimize" directive.

Please relay your thoughts about the draft resolution and city comment to the council, by testifying Monday evening at 7:30 pm or by e-mail to or to council members individually.

To comment to WMATA directly: Per the WMATA Web site, "Comments on this Draft Public Hearing Staff Report must be received by 5 p.m. on Monday, March 2, 2015 and may be submitted via email to, faxed to 202-962-1133 or mailed to WMATA; Office of the Secretary; 600 Fifth Street, NW; Washington, DC 20001. Please reference R14-01 in your submission."

The city's position calls for a building height within zoning limits without any exception and for a steep reduction in the number of residential parking spaces. If you want to keep your own comment simple, ask for these two things. If you wish to submit comment in more detail, do review the draft city materials using the links I have provided.

Takoma Junction

Last Tuesday, February 17, the council met in closed session with finalist Takoma Junction candidate developers the Ability Project, Keystar/EcoHousing, and the Neighborhood Development Company. Finalist Community Three has withdrawn its proposal. The Tuesday meetings focused on financial matters; Mayor Bruce Williams has scheduled a closed-session continuation of discussions with Keystar/EcoHousing for Monday evening at 7 pm.

During the public portion of Monday evening's meeting, the council is slated to discuss Takoma Junction redevelopment next steps.

The city's Takoma Junction schedule tentatively calls for March 9, 2015 selection of a developer. Whenever we make that selection, I expect we will incorporate certain conditions in the development agreement. They include reaching agreement with the TPSS Co-op on design modifications and steps that will satisfactorily accommodate co-op expansion, operational needs such as truck loading access, and business continuity for the duration of construction.

I will plan to post an update summarizing the outcome of Monday evening's meeting.

Your Thoughts?

If you wish to comment at the council meeting, your opportunity will come at 7:30 pm, at the start of the public meeting. Otherwise, please communicate your thoughts and concerns to me at 301-873-8225 or, or send your comment to for distribution to the whole council.


Sunday, February 8, 2015

Takoma Park library and Takoma Junction next steps at the February 9 city council meeting

The Monday evening, February 9 city council meeting opens with a presentation on library-redesign options, at 7 pm. Following public comment at 8 pm (later than usual!), and then a series of voting items, we'll have a "Review of Listening Sessions and Discussion of Next Steps for the Takoma Junction Site – Criteria for Developers." It's scheduled for 9:10 pm.

I'll provide a bit of detail on the library and Takoma Junction items and a couple of the voting items. The full agenda is online. Note that it includes distribution (but not discussion) of the Arts and Humanities Commission Annual Report.

Library Redesign

Per the council backgrounder, "in January of 2014, the library issued a 'Community Needs Assessment and Visioning for a 21st Century Public Library' [document] prepared by Providence Associates." The city subsequently engaged The Lukmire Partnership (architect of the new Silver Spring Library) to produce re-design plans, with options for both renovation and expansion.

Note that the city has not yet committed to any redesign work.

Greg Lukmire, the partnership's principal architect, will present options and estimated costs as detailed in the project report, which is part of the backgrounder file.The report summarizes Lukmire's findings, conclusions, and recommendations. The price tags aren't small. The estimated project costs range from $2.1 million to $3.5 million. Clearly we'll have to consider the options, benefits, and financing carefully before proceeding

A Resolution and an Ordinance: Washington-McLaughlin Property and a New Contract for the City Attorney

Among the seven voting items on the agenda are:

- A "Resolution Approving the City of Takoma Park's Purchase of 2.68 ± Acres of Land, Known as Parcel 3, of the Washington-McLaughlin School Property at the Internal Revenue Service Public Auction Sale on January 22, 2015." The resolution approves and ratifies the city's $253,000 winning bid for the January auction purchase of the property's wooded lot.

The city will apply $53,000 in privately donated funds toward the purchase, reducing the city's cash outlay to $200,000. The council will vote a resolution of thanks to the individuals who are contributing toward our purchase of the property.

- The city issued a request for proposals for legal services late last year. After interviewing responding firms, the council decided to extend the tenure of the Silber, Perlman, Sigman & Tilev law firm as city attorney.

We'll formalize our decision with an ordinance authorizing signing of a new contract, although the voting item will be pulled from the consent (non-discussion) agenda in order to allow discussion of contract terms. There are no major issues; an authorizing ordinance will pass, granting SPST a five-year contract with five option years. We'll simply be fine-tuning the wording.

Takoma Junction

Takoma Junction is on the council's agenda once again, this time in the form of council-staff review of the testimony at recent listening session and then discussion of proposal evaluation criteria.

I disagree with staff's statement, "Of primary importance is how the development team will work with the Council and the community, not the specific design elements included in the preliminary submissions." Specific design elements are primary, in particular, whether housing should be the project's centerpiece in a wide building that includes the current Takoma Auto Clinic (Johnny's) lot; whether we are accepting of a three-story building with a smaller number of housing units; and whether we will accept construction of a pillar-supported parking deck extending well over the wooded hillside. I'm referring to the Keystar/EcoHousing, Community 3, and Ability Project proposals. The fourth is Neighborhood Development Corporation, whose propoal doesn't include any design elements that are *significantly* at variance with the Takoma Junction Task Force recommendations in my view.

You'll find a timeline in the backgrounder file. Three future items are listed:

- February 17, 2015: Closed Session Council Interviews with Developers

- February 23, 2015: Work Session on Next Steps (Proposed)

- March 9, 2015: Council Selection of Developer (Tentative)

The mayor controls the council's agenda. I have asked Mayor Bruce Williams to explain why the February 17 session would be non-public. This isn't a question of authority; state law allows closed "administrative function" sessions. I simply can't think of any topic we would discuss that could not be discussed in open session.

As indicated, the direction we're heading is choice of a developer with whom we would discuss project modifications, including cooperative work with the TPSS Co-op to meet co-op expansion and operational needs, with the presumption that if we make progress, we'll advance toward a formal agreement. I support this next step in the process started when we issued a development RFP over a year ago, although I'd think about engaging in these focused discussions with two top-tier finalists rather than one.

Your Thoughts

Please communicate your thoughts and concerns to me at 301-873-8225 or, or send your comment to for distribution to the whole council. And if you'd like to meet in person: My next drop-in office time is Tuesday, February 10, 5-6 pm at my office, 7006 Carroll Avenue #202. No appointment is necessary: Just show up.

Sunday, January 25, 2015

January 26 council meeting: Police report, farewell to Brian Kenner, and the WAH resolution

I introduced key topics for Monday evening's council meeting in last week's write-up so what I have to offer now are updates of those items I covered then:

- The city purchased the Washington-McLaughlin Christian School wooded lot for a winning tax-auction bid of $253,000. We had at our disposal the commitment of up to $114,000 in funds donated by residents, some of which we'll likely use. The city will have to clear liens before we can gain clear title so the total cost will likely exceed our initial cash outlay. I'll post more information, including regarding plans for the property, when available.

- The council will host a farewell reception for departing City Manager Brian Kenner, at 7 pm in the community center atrium. Please join us in thanking Brian for his Takoma Park service and wishing him well in his new position, Washington DC deputy mayor for planning and economic development.

The council is appointing Deputy City Manager Suzanne Ludlow acting city manager while we conduct a search for a new city manager.

- The police department will present its annual report at 8 pm. See a preliminary stats presentation. The stats cover crimes by ward and trends over the last several years. I've asked Police Chief Alan Goldberg to cover clearance rates as well, the proportion of crimes that result in an arrest or administrative or other closure.

I also asked the chief for stats on our license plate reader data: The number of records collected monthly since August 2014, the first month the TPPD was authorized to share LPR data with the state fusion center; the number of TPPD requests to the fusion center and the number of closures that resulted from those requests; the number of non-Takoma Park requests to the fusion center for Takoma Park records; and anything else related that's of interest.

- The council will discuss and then vote on a resolution regarding comment on the Certificate of Need (CON) application filed by Washington Adventist Hospital for proposed relocation to White Oak. Our resolution will cover a Freestanding [Emergency] Medical Facility; on this point and others, it is highly likely that the resolution will be stronger than the draft you will find online. Hospital president Erik Wangsness presented at last week's council meeting and we heard public testimony in a public hearing that followed.

At 00:19:42 in the video that you will find online, Mr. Wangsness states, "Once regulations are developed -- once the new rules are in place -- our commitment is to evaluate those rules for feasibility of stand-alone emergency department services on the Takoma Park campus." Mr. Wangsness is referring to rules slated to be published by the Maryland Health Care Commission (MHCC), which evaluates CON applications. MHCC is likely to publish those rules by the July 1, 2015 end of a 2010 legislatively imposed moratorium on new Maryland Freestanding Medicial [Emergency] Facilities. Be assured that we will energetically pursue residents' and councilmembers' desire to see a free-standing ER created here.

Finally, a new topic:

The council will hold its second 2015 retreat this Wednesday, January 28, starting at 6 pm at Montgomery College, in Room ST302 of the Student Services Center. You are welcome to attend and observe this session.

The city will likely face significant revenue challenges in the next fiscal year, which starts July 1, 2015. I will plan to post more on this topic to keep you informed and invite your comment on our choices.

Monday, January 19, 2015

Tuesday, January 20: Hearing on Washington Adventist Hospital relocation, and a city bid on the Washington-McLaughlin property

This update, in advance of Tuesday evening's city council meeting, covers two topics: City comment on Washington Adventist Hospital (WAH) relocation and our bid in the IRS auction of the wooded portion of the Washington McLaughlin property.

I'll also offer a look-ahead to the January 26 council meeting, which will be preceded by a farewell reception for departing City Manager Brian Kenner, at 7 pm.

Public Hearing on WAH Relocation

(TPSS Voice photo)
Please attend a public hearing, Tuesday, January 20, at 7 pm, to comment on WAH's proposed relocation to White Oak.

Yup, yet another hearing on a process that has now entered its tenth year. Tuesday evening's hearing is an opportunity for you to communicate your thoughts regarding WAH's application for a relocation Certificate of Need (CON). You may recall that in 2012, WAH withdrew an earlier CON application, filed in 2009, that the Maryland Health Care Commission (MHCC) seemed likely to reject.

The city council will then meet with legal counsel in closed session following the public council meeting. And we are scheduled to consider a resolution commenting on the application at our Monday, January 26 meeting. A draft resolution is part of the Tuesday agenda packet.

The draft resolution includes a Resolved clause, "that Adventist HealthCare work with the City of Takoma Park on a joint study regarding the feasibility of a Freestanding Medical Facility (FMF) [emergency room] on the Takoma Park campus, and, if feasible, diligently pursue that goal when regulations are formalized." To explain: The MHCC will be establishing a work group soon for the development of CON regulation of FMFs. We expect those regulations will be in place when a 2010 state moratorium on establishment of new FMFs expires.

Washington-McLaughlin Property Auction

The city council has agreed to place at least a minimum bid, $68 thousand, in Thursday's IRS auction of the wooded portion of the Washington-McLaughlin property, a 2.68 acre parcel nestled between Woodland, Circle, and Gude Avenues not far from New Hampshire Avenue. The winning bidder would be required to deal with over $400 of "encumbrances," which include around $200 thousand owed to Montgomery County and to the city for back taxes, unpaid fees, penalties, and interest.

Bidding could go much higher. How high should the city bid?

Our aim in buying the parcel would be to conserve the majority of the land undeveloped.

There are many uncertainties related to costs -- Could the liens on the property, the "encumbrances," be transferred to the parcels that are not up for sale? -- and to financing. The city would pay for a purchase using unallocated money from our general fund reserves, but we'd probably have to cover that draw-down, due to likely FY16 revenue pressure, by raising taxes or borrowing money and possibly by diverting funds from related purposes such as sustainability programs.

We could eventually sell a portion of the parcel for construction of single-family homes, in order to recover (some of) our purchase costs, and we could either retain the remainder of the property or sell or transfer it to a land trust or Montgomery Park for conservation.

A number of neighbors and others are highly concerned that the entirety of the property not fall into a developer's hands. They, the Plan B group, have constructively been raising funds that could supplement a city bid. I have posted their flyer. Do consider joining their effort.

And please do relay to me your view on this topic.

A Look-Ahead to January 26

The Monday, January 26 council meeting will be preceded by a farewell reception for departing City Manager Brian Kenner, at 7 pm. Please join us! January 31 is Brian's last day in Takoma Park; he starts as Washigton DC deputy mayor for planning and economic development on February 2.

By the way: The city will be posting the city manager job very soon. We will be conducting an expedited search. Stay tuned.

The January 26 meeting will feature presentation of the Police Department Annual Report at 8 pm. The past years have been challenging, but we have undertaken significant new initiatives, spurred by residents' organizing of last February's multi-jurisdictional crime summit.

Creation of a police mutual-aid agreement with Montgomery County is one advance; a similar agreement with the District of Columbia should be ready soon. And in November, the council authorized the police department to start up a city Safe Cam program that should help the police locate privately-shot video linked to crime incidents.

We should remain concerned about the civil liberties implications of our 2014 decision to share city license-plate reader data with the Maryland fusion center. "Governor-elect Larry Hogan picked as homeland security director a former Maryland State Police superintendent who oversaw a controversial and prolonged surveillance of death penalty and antiwar activists," reports the Baltimore Sun. The fox is back in charge of the chicken coop. Nonetheless, we can hope(although I am personally still skeptical) that LPR-data sharing will facilitate a higher crime closure rate.

Your Thoughts?

As always, please share your thoughts and concerns with the council, at the January 20 WAH public hearing, during council-meeting public comment at 7:30 pm, or via e-mail to, or contact me directly at or 301-873-8225.

Sunday, January 11, 2015

January 12 at the city council: Safe Roadways, Takoma Junction financials, and more

The Monday evening, January 12 council meeting advances a number of items that have been on the city's agenda, including possible Takoma Junction development:

- We'll have a presentation of the Safe Roadways Committee's Annual Report at 7 pm.

- We will act on a number of items of interest to segments of the community:

. A resolution on alcohol-sales licensing within the city that would ask state legislation to a) eliminate special licensing provisions for Takoma Park, so that Montgomery County licenses would apply here, retaining special licensing only for certain businesses in the portion of Takoma Park annexed to Montgomery County from Prince George's; b) include Takoma Park in licensing for sales of house-brewed alcoholic beverages (which would be redundant if (a) passes); and c) supports an end to Montgomery County's alcoholic-beverage distribution monopoly. This legislation would answer the TPSS Co-op's desire to sell beer and wine and Republic's wish to sell house-brewed beer but would apply throughout Takoma Park.

. An ordinance (establishing city law) regulating commercial filming activities in the city, necessitated by increasing demand and by abuses by a particular company, Sirens Media of Silver Spring.

. A resolution authorizing execution of an agreement for a Maryland Bikeways Program grant. We've done well at winning outside funding for transportation programs. This grant is the latest example.

. A resolution communicating city attitudes toward development of the wooded lot, part of the Washington-McLaughlin Christian School property, which is up for IRS auction on January 22. The consensus is that the city would like to see the majority of the parcel conserved undeveloped; the city council will be strengthening the draft you see online.

And finally:

- We will discuss financial considerations associated with the four finalist Takoma Junction development proposals. City staff posed a series of questions to the finalists. I, for one, would find TPSS Co-op responses to the same questions quite interesting. The co-op has reworked its development proposal (as have two of the four finalists, the Ability Project and Keystar/EcoHousing) to the point where I believe the city's and community's best interests would be served by re-including the co-op in formal considerations.

Also: I have noted the Open Letter that has circulated for signatures in recent days. It states support for continuation of the current development-evaluation process. I welcome this advocacy!

Thanks everyone, for your attention to city goings-on.

As always, you may attend the council meeting and comment at 7:30 pm, you may send your comment to the city clerk for distribution to all councilmembers (, or contact me directly or 301-873-8225 to let me know about your thoughts and concerns.

Thursday, January 8, 2015

City Manager Brian Kenner to join Mayor Bowser's staff

Muriel Bowser has named Takoma Park City Manager Brian Kenner as Washington DC deputy mayor for planning and economic development.

I'm happy for Brian -- it's a great opportunity for him -- but disappointed for the Takoma Park. Brian is being hired for his former boss's position. Before he started work here in Takoma Park in June, 2013, he was chief of staff for the position he will now hold. I believe he starts in Washington DC on February 2. The Takoma Park City Council will announce our own replacement plans as soon as we can.

The Washington Post has reported the story, "Bowser names Brian Kenner top economic development aide, shuffles agencies."

Takoma Park's city press release reads as follows:
January 8, 2015 – Mayor Bruce Williams announces that Takoma Park City Manager Brian Kenner has bee n named Deputy Mayor for Planning and Economic Development by Washington D.C. Mayor Muriel Bowser and will resign his post as City Manager of Takoma Park. He leaves for his new position after 19 months of service as Takoma Park’s top executive. Previous to serving as the City Manager, Kenner was the Chief Operating Officer for the Deputy Mayor's Office of Planning and Economic Development for the District of Columbia.
Kenner started his position in June, 2013. He was chosen for the position after a nationwide search and was hired for his unique mix of skills and experience with public-private partnerships. Takoma Park has been notably active during his tenure. While Kenner was City Manager, Takoma Park became the first community in the United States to allow 16 year olds to vote in local elections, restricted the use of lawn pesticides and banned the use of polystyrene food containers. Kenner's tenure also saw the hiring of a Sustainability Manager and the solicitation of proposals to redevelop a City-owned parcel in the Takoma Junction area, two long term goals of the City Takoma Park.
When asked about the transition, Brian remarked: "Takoma Park is a special place with a unique and outstanding culture of community involvement and government leadership. I am happy to have been a part of the City and know it remains in strong hands." 
Looking back on Kenner's tenure, Mayor Bruce Williams noted he is thankful for his contributions which have built community optimism for the future of the City of Takoma Park which celebrates its 125th anniversary in April. "Brian has done a great job in Takoma Park. He engaged with the community right away, and he improved many aspects of our operations. We'll miss him, but we're in a strong position to tackle the issues we face in the coming months and years." 
Brian's last day is scheduled to be January 31, 2015.

Sunday, January 4, 2015

Alcohol-sales changes brewing for Takoma Park

A heads-up --

The City Council will consider changes to Takoma Park alcohol-sale licensing at our Monday evening, January 5, 2015 meeting. The item is part of the Discussion of Legislative Items that is scheduled for 8:15 pm.

The council agrees on two specific aims, to allow off-sale (take-away sale) of beer and wine by the TPSS Co-op and to allow sales of house-brewed beer, for on-premise and take-away consumption, by Republic restaurant. Do note that these changes would apply throughout Takoma Park and not only for the co-op and Republic. Currently, only a restaurant that has a license for on-premise alcohol sales may apply for an off-sale license, outside the areas annexed from Prince George's County in 1997. That system was put in place in 2011, with a sunset provision removed in 2014.

We would simplify licensing by eliminating Takoma Park alcohol-sales provisions so that Montgomery County rules would apply, with the retention only of special licenses granted in the portion of Takoma Park that was annexed from Prince George's County in 1997.

How will all this happen?

Alcohol sales are regulated by Maryland state law, so the changes require state legislation. The proposed changes are described in a council resolution that is part of the staff-drafted agenda material. There would be two state bills. We would ask the Montgomery County state legislative delegation to modify Bill MC 18-15 to cover Takoma Park, and we would ask our District 20 delegation to develop a bill to remove restrictions on the types of Montgomery County alcoholic beverage licenses available to businesses and organizations in Takoma Park while retaining the existing "TP" alcoholic beverage licenses.

Licenses for alcohol sales in Takoma Park are handled by Montgomery County, with input from the City of Takoma Park. This aspect would not change.

The city council expects to vote on a resolution on Monday, January 12. The wording may be altered from the January 5 draft, based on council-staff discussion and on public comment. You may comment on both January 5 and January 12 at 7:30 pm, or send you comment to the council at or contact me at or 301-873-8225.