Subject
title
Authorization for City Manager to Execute a Public Right-of-Way License Agreement for Use of the Gibbs Street Public Right-of-Way as a Streetery, subject to approval as to legal form by the City Attorney
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Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute a Public Right-of-Way License Agreement between the Mayor and Council of Rockville and Morguard Management Company, for outdoor public dining, seating and activities in the City's rights-of way on Gibbs Street in Town Center, subject to approval as to legal form by the City Attorney and the City Manager’s receipt and approval of the necessary exhibits.
Discussion
This item authorizes the City Manager to approve a License Agreement for the use of Gibbs Street public right-of-way as a pedestrian promenade and “streetery” - which is a public street closed to vehicle traffic and used for outdoor dining and activities. Staff conducted public outreach seeking feedback on the temporary outdoor dining arrangements that are currently in place and whether the streetery program should be continued. Staff recommend allowing the Gibbs Streetery to continue, on a more long-term basis, supported by an agreement with Morguard.
The Gibbs Street License Agreement proposes a five-year term; the installation by Morguard of privately owned improvements and publicly owned vehicle bollards; provision of a pedestrian and bicycle accessible path; preserves the City’s ability to access and maintain public roadway and utility infrastructure and to use the license area for Town Center events. Under this agreement, Morguard will be responsible for the maintenance of private improvements (such as dining and seating furniture) and City-owned bollards and existing overhead lighting, the continual maintenance of the license area (such as trash maintenance, street sweeping and snow removal), and the removal or relocation of private improvements as may be necessary for maintenance or emergency access.
Since June 2020, temporary outdoor dining and seating areas have been permitted to restaurants and businesses within public rights-of-way and public easements on Gibbs Street, East Montgomery Avenue, and other locations in the City. In response to the coronavirus pandemic, the Departments of Community Planning and Development Services (CPDS) and Public Works (DPW) established a temporary and rapid response permitting process to expedite requests from restaurants and businesses to expand outdoor dining and seating areas on private and public properties. Approvals were initially granted through the end of the County’s and Governor’s Emergency Orders. With the rescindment of pandemic-related Emergency Orders, on July 1, 2021, Mayor and Council voted in favor of extending the City’s outdoor dining program on a continued temporary basis. The private use of outdoor public space, including sidewalks and streets, facilitated a safer reopening and continued operation of businesses throughout the COVID-19 pandemic.
The original development and streetscape design for Gibbs Street incorporated private outdoor amenity areas for retail uses along the building frontages and adjacent to sidewalks. These permanent amenity areas were temporarily expanded, modified, or relocated over the past couple of years to form streeteries. The streetery concept limits or eliminates vehicular traffic and parking on streets and rights-of-way to repurpose the urban, outdoor common space for expanded dining, seating, activities, and public use.
In September 2021, staff conducted extensive outreach to businesses and the community seeking input on the future use of Town Center streets for outdoor dining. (See the Public Notification and Engagement section of this report for more information on the outreach.) Of the numerous written and voiced public opinions, all but a few comments enthusiastically favored the continuation of streeteries in Town Center. Residents and businesses alike have enjoyed the promenade streetscape and the activated community it has created.
Based on the consensus of opinions, staff is recommending a long-term approach to the Gibbs Streetery. The following sections discuss the site conditions, public’s feedback, and detailed staff analysis and recommendations for this business district road in Town Center.
Gibbs Street
Conditions
Gibbs Street is a 26-foot public right-of-way (ROW) with an 11-ft one-way, northbound travel lane, six-ft bike lane, seven-ft parking lane and area for curb and gutter. Variable-width sidewalks are located within Public Amenity Easements on either side of Gibbs Street.
The City closed the entire length of Gibbs Street, between East Middle Lane and Beall Avenue, beginning June 2020. At the request of businesses, the street remained closed through the winter season under permits with the property manager(s), Federal Realty and now Morguard, that included their added responsibility for snow removal and maintaining cleanliness of the road. VisArts also obtained a separate permit for outdoor activities in the right-of-way.
In May 2021, the City worked in close coordination with Federal Realty, which benefited from a Montgomery County pandemic-related grant, to enhance outdoor seating arrangements through new furniture to create a more welcoming environment for people to gather as COVID-19 pandemic restrictions eased and new restaurants opened. Federal Realty reported through the public outreach sessions, that businesses which took advantage of the opportunity saw financial benefits and that the road closure, combined with the City’s decision to implement two-hour, free, unvalidated parking in the Town Square garages, assisted in attracting new leases to vacant spaces.
The temporary outdoor dining plan also included an attempt to improve the drop-off/pickup operations and maintain access to the private garage entrance on Gibbs Street (between 101 Gibbs St Unit C and 107 Gibbs St Unit A); however, the entrance and remaining (southern) portion of Gibbs Street were closed due to traffic safety concerns. As part of preparing for the enhanced area, the City repaved Gibbs Street, but did not reinstall the delineated bicycle lane markings.
Public Input and Staff Recommendations
The overwhelming response from the public, both spoken and in writing, was to maintain Gibbs Street as a streetery into the future. This point of view was shared by the Town Center residents, nearby residents, businesses, and non-profit organizations who participated. Key property owners along Gibbs Street share this view, including Federal Realty, Morguard, and the Montgomery County representative of the Rockville Innovation Center. Staff recommends keeping Gibbs Street closed to traffic and maintaining the streetery through a written license agreement with Morguard which outlines the roles and responsibilities for roadway access, use and maintenance.
Four major concerns with the Gibbs Streetery were shared at the September business and community meetings: bicycle/scooter/skateboard use, handicapped accessibility of outdoor dining and seating, noise, and aesthetic appeal.
The aforementioned Gibbs Street bicycle lane was not reinstalled with the road repaving in May 2021. Mixed views were shared by the public regarding what the policy should be regarding bicycles, scooters, and skateboards. Many indicated that they viewed riding bicycles within the pedestrian zone as particularly dangerous, while others expressed concern about disruptions from all three modes of “rollers”. There were no vocal advocates for reinstalling a bicycle lane at this time. Some participants supported allowing bicycles to be walked through the area (i.e., implementing a dismount policy), though a few participants were concerned about the enforceability of such a provision. Some participants also expressed a desire for an improved area for pedestrians to walk through the streetery area, noting that the placement of the tables were obstructions and prohibited safe social distancing. There was unanimous support to improve pedestrian and bicycle interaction and safety within the streetery area.
The proposed agreement provides for an unmarked, minimum eight-foot-wide shared pathway along the length of Gibbs Street, which better accommodates circulation, in addition to the sidewalks next to the storefronts. The shared pathway would be kept clear of tables, chairs, and signs; and emergency access to buildings will continue to be provided per the requirements of the Fire Marshall. There will be no special delineation of the pathway, only a requirement to provide and maintain the space. The recently completed North Washington Street Road Diet project provides dedicated bike lanes parallel to Gibbs Street as a long-term solution for bicycle through-traffic in Town Center.
Accessibility concerns also were raised at the community meetings, with a focus on the outdoor furniture. If the streetery is left in place for the longer term, Morguard has committed to reviewing and implementing modifications, though no determinations have yet been made.
The noise from outdoor dining areas was cited by a few residents of the Fenestra and Palladian as an issue during late night hours. Restaurants and their patrons are subject to the regulations and enforcement of Montgomery County’s Noise Ordinance. Use of outdoor dining areas is conditionally permitted until 11 p.m. Sunday through Thursday and until midnight Friday and Saturday. Staff asked the public whether those hours were acceptable or should be changed; no suggestions for changes were received and the proposed License Agreement maintains operating hours of 7 a.m. to 11 p.m., Sunday through Thursday, and 7 a.m. to 12 a.m., Friday through Saturday.
Residents advocated for Gibbs Street to continue as a promenade and a few suggested signage and street art as two ways to transform the roadway into an interesting pathway. The City has recently completed the Bloomberg Asphalt Art Grant project to implement street art on Beall Avenue, just north of Gibbs Street. Any artwork that may be allowed along Gibbs Street could, therefore, complement that installation.
The City also recently replaced the outdoor lighting overhanging Gibbs Street. While the lighting improvements were funded by the City, Morguard has agreed to accept maintenance responsibility of the installed lights. Lighting maintenance provisions, along with other specified City improvements, are included in the Gibbs Street License Agreement.
In summary, the businesses and residents who provided input support the revitalization of Town Center with a pedestrian promenade and streetery and the continued closure of Gibbs Street to vehicular traffic. Staff has since continued temporary, six-month permit approval and extensions for Morguard and local businesses until this Gibbs Street License Agreement is approved.
The City Manager recommends that the Mayor and Council enter into a Public Right-of-Way License Agreement with Morguard for the operation and maintenance of a streetery. The Agreement (Attachment 1) will generally allow for installation of private outdoor dining and street furniture, and pedestrian improvements subject to City review and approval. Morguard will be required to provide maintenance of the area (e.g., litter collection, snow removal, etc.) and its private improvements while the City would retain its access rights and maintenance responsibilities of public utilities and paving. The City also will reserve rights to Gibbs Street for special events, use by VisArts via a separate permit, and for emergencies.
Morguard has not yet provided the City Manager with the final exhibits showing the improvements that will be placed within the Gibbs Street right-of-way. Once the City Manager has reviewed, finalized and approved final exhibits, with the Mayor and Council’s authorization, the City Manager will execute the Agreement, subject to approval as to legal form by the City Attorney.
Mayor and Council History
Staff presented and received feedback on proposals for expanded outdoor dining areas and pick-up parking spaces within Town Center, including Gibbs Street, Maryland Avenue, and East Montgomery Avenue at the June 1, June 8, and June 12, 2020, and July 1, 2021, Mayor and Council meetings. An update on the status of Town Center streeteries, including a summary of the public outreach sessions and staff’s action plan, was provided via email from the City Manager on October 1, 2021.
Options Considered
Staff developed and presented businesses and residents with three major options to initiate discussions and input regarding the future use of Town Center streets:
1. Streetery to be maintained year-round (Gibbs Street and East Montgomery Avenue to remain in its current configurations).
2. Streetery to be maintained in all but the coldest months (Gibbs Street and East Montgomery Avenue to reopen to vehicle traffic during the winter season).
3. No streetery (Gibbs Street and East Montgomery Avenue to revert to pre-pandemic conditions).
Public Notification and Engagement
Staff held three public meetings in September 2021 with all members of the public welcomed to attend any or all of the meetings. The first meeting was on September 1st and was focused towards affected businesses and non-profit organizations. Twelve people participated, including two Town Center residents.
Public meetings were then held on September 9th and September 14th. The full community was again invited, with a special focus on targeting input from residents of Town Center. Seventeen and fourteen people participated, respectively.
The outreach sessions can be viewed and heard at the following links:
1. Recording of the meeting on Sept. 1 <https://rockvillemd.webex.com/rockvillemd/ldr.php?RCID=12adbf8f639bac484695ea481ed60784>
2. Recording of meeting on Sept. 9 <https://rockvillemd.webex.com/recordingservice/sites/rockvillemd/recording/33022e9af3f01039a5fa005056810590/playback>
3. Recording of meeting on Sept. 14 <https://rockvillemd.webex.com/webappng/sites/rockvillemd/recording/709b6578f7de1039b729005056a85876/playback>
Public notification regarding the meetings was provided via email, door-to-door information to businesses and residential-building managers, Rockville Reports, the City’s online calendar, and social media.
For those who could not attend the meeting or who wished to provide additional comments, staff established a Civic Plus Survey Form that was posted on the City’s website between August 31st and September 20th. Staff received 47 written comments, either through the online form or through emails sent to staff (Attachment 2).
Staff also received direct input through door-to-door discussions with businesses and direct telephone calls. That information is reflected as well in Attachment 2.
Fiscal Impact
Permits for temporary outdoor dining area (PWK and MIS) will not be subject to fees.
There are 15 parking meters on Gibbs Street that are not collecting revenue due to the current travel and parking lane closures.
Next Steps
Upon his receipt and approval of all necessary exhibits, the City Manager will execute, on behalf of the Mayor and Council of Rockville, a document entitled “Public Right-of-Way License Agreement - Gibbs Street” in a form acceptable to the City Attorney and substantially similar to the draft document attached to this staff report. The executed Agreement will not be recorded in the Land Records of Montgomery County but will be filed with the City Clerk.