Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, January 28, 2014 7:30 p.m. – 9:06 p.m. PRESENT: Mayor Andrew Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich (arrived at 7:33 p.m.), Day (arrived at 7:33 p.m.), Hew, and Mitchell. ABSENT: None. ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bill Gardiner, Assistant City Manager; Bob Ryan, Director of Public Services; Terry Schum, Director of Planning. Mayor Fellows opened the meeting at 7:30 p.m. Councilmember Wojahn led the Pledge of Allegiance. Mayor Fellows announced there would be a Special Worksession after the meeting. Minutes: A motion was made by Councilmember Day and seconded by Councilmember Mitchell to adopt the minutes of the Special Session on January 7, 2014, the Regular Meeting on January 14, 2014 and the confidential minutes of the January 7, 2014 Executive Session. The motion passed 6 – 0 – 0. Announcements: Councilmember Mitchell said the new College Park Democratic Club would hold their kick-off meeting on Thursday night at Ledo’s Restaurant. Amendments to the Agenda: Mr. Nagro said that item 14-R-02 will be removed from the agenda because we have not received the necessary information from Comcast. City Manager’s Report: Mr. Nagro reminded Council about Thursday’s Four Cities meeting and called their attention to items in the red folder and the confidential memo from the City Attorney. He then introduced Maj. Dan Weishaar, newly appointed as commander of Prince George’s County Police District 1. Major Weishaar introduced himself to the Mayor and Council, he is replacing Maj. Brewer as District 1 Commander. This is Maj. Weishaar’s fourth assignment to District 1 during his career at PGPD. Student Liaison’s Report: Ms. McGrath said the first SGA general body meeting is tomorrow. This semester they plan to work on the bottle bill, affordable text books and the sexual harassment policy for Maryland interns. Comments from the Audience on Non-Agenda Items: College Park City Council Meeting Minutes January 28, 2014 Page 2 Miss College Park 2013, Jatara McGee: Ms. McGee reviewed her activities as Miss College Park 2013 and thanked Council for their support of the scholarship program which has helped her pay for college. CONSENT AGENDA: A motion was made by Councilmember Brennan and seconded by Councilmember Wojahn to adopt the Consent Agenda, which consisted of one item: 14-G-06 Approval Of A Letter To The Board Of License Commissioners That The City Voices No Objection To The 2014 Annual Renewal Of Liquor Licenses For Establishments In The City Of College Park. The motion carried 8-0-0. ACTION ITEMS 14-G-07 Motion in Support of the College Park City-University Partnership Downtown Redevelopment Concept Plan dated November 2013 A motion was made by Councilmember Stullich and seconded by Councilmember Day that the City Council support, in general, the development concept plan dated November 2013 for the redevelopment of Downtown College Park between College Avenue and Guilford Road. This concept plan is based on a stakeholder workshop held on September 26, 2013 and was prepared by Design Collective for the College Park City-University Partnership. Councilmember Stullich said the concept plan addresses development opportunities in portions of Downtown College Park in the near term, medium term and long term. There is a lot of potential to transform and revitalize our downtown consistent with the Route 1 Sector Plan with higher quality retail and restaurant options, and housing for faculty, staff and professionals. The concept plan is consistent with the land use and design recommendations of the approved 2010 US 1 Central Corridor Sector Plan but brings added detail based on a collaboration between the City and the University. The concept plan includes privately owned property as well as this City Hall property and includes options for a design of a new City Hall, other office development, retail and green space. The Council feels the concept should be expanded to include the possibility of the relocation of City Hall to another site, so the disposition of City Hall is not being decided at this time. There were no comments from the audience. Councilmember Wojahn said it is very exciting that in another 5 to 10 years College Park will be a different City. Mayor Fellows said this is a bright new day of collaborative planning with the University and while we don’t know all the details it is great to be working with the University as we move forward. The motion passed 8 – 0 – 0. College Park City Council Meeting Minutes January 28, 2014 Page 3 14-G-08 Approval of Amendment to the Declaration of Covenants and Development Agreement between Renard Development Company, LLC, formerly Metroland Developers, LLC, with respect to the North Core of the Greenbelt Station project A motion was made by Councilmember Kabir and seconded by Councilmember Wojahn to approve the Declaration of Covenants and Development Agreement between Renard Development Company, LLC, formerly Metroland Developers, LLC, with respect to the North Core of the Greenbelt Station project, in substantially the form attached. The City Manager is authorized to sign the Agreement. Councilmember Kabir stated that in 2005, Metroland Developers, LLC, together with Greenbelt Metropark, LLC, entered into a Development Agreement with the City with respect to the development at Greenbelt Station. This development has subsequently been divided into two parts, Greenbelt Station North Core and South Core. Metroland Developers, LLC, now known as Renard Development Company, LLC, owns certain development rights with respect to the North Core. They have submitted a response to the Request for Expression of Interest for purposes of locating the future home of the FBI on the property. Renard has requested that the 2005 agreement be amended to reflect current development plans. The obligations of Renard with respect to payments to the City, and the City’s ability to comment on the development of the project, have not changed in the amended agreement. There were no comments from the audience or from the Council. The motion passed 8 – 0 – 0. 14-G-09 Approval of an amendment to the Conceptual Site Plan for Greenbelt Station (CSP-01008-02) subject to reaching agreement on a Declaration of Covenants and Development Agreement with NVR MS Cavalier Greenbelt, LLC, in substantially the form attached, with respect to the South Core of the Greenbelt Station project A motion was made by Councilmember Wojahn and seconded by Councilmember Kabir that the City Council recommend approval of Conceptual Site Plan 01008-02 subject to the following conditions: 1. Revise Condition 1(c)(i) and 1(c)(ii) of the previous approval to read as follows: The applicant shall designate an area for potential retail on a 0.5-acre site adjacent to the central park, west of Greenbelt Station Parkway, for the south core area. However, if prior to the issuance of the 450th building permit, the retail is not economically feasible (demonstrated by executed sales or leasing agreement), the 0.5-acre area shall convert to College Park City Council Meeting Minutes January 28, 2014 Page 4 public parkland. Such parkland shall be subject to the review and approval of the City of Greenbelt through a detailed site plan application. 2. Prior to certificate of approval of the conceptual site plan, the following revisions shall be made, or information shall be provided. a. Revise the zoning labels on the subject property and surrounding properties to conform to the 2013 Approved Greenbelt Metro Area and MD 193 Corridor Sector Plan and Sectional Map Amendment. b. All revisions to trails or circulation routes, including the pedestrian overpass, within the South Core Area shall be removed from the plan. 3. Execution of a new Declaration of Covenants and Development Agreement between the City of College Park and NVR MS Cavalier Greenbelt, LLC in substantially the form as attached. Councilmember Wojahn said this application is an amendment to the previously approved Conceptual Site Plan for the Greenbelt Station project located within the City of Greenbelt municipal limits. The amendment included requests to eliminate two conditions requiring the construction of live/work units and a minimum of 80,000 square feet of commercial space; the realignment of trails; the realignment of the north/south connector road (Greenbelt Station Parkway); and elimination of the condition requiring the construction of a pedestrian overpass between the south core and the City of College Park in the general location between Huron Street and the Public Works facility. The proposed condition removes from consideration, under this application, any trail changes in the south core including any change to the pedestrian overpass language contained in Condition 43. These changes may, however, be addressed in future Detailed Site Plan applications. Since the entire south core property has been sold by Sun Trust Bank to NVR MS Cavalier Greenbelt LLC, a new agreement with the City will be executed in order to, among other things, specify the manner in which a financial contribution will be made to the City. City Attorney Ferguson said the agreement that was just distributed has been discussed with the developer and their attorney, but she can’t state for certain if they are in full agreement. She had expected them here this evening so they could provide their assent for the record, but they are not here. Ms. Schum provided an update from the City of Greenbelt: their Council has not taken an official position on this amendment but they are expected to provide testimony at the hearing on Thursday to request a change to our proposed condition #1, which would move up the relief provision “Prior to issuance of the 450th building permit” to read “Prior to the issuance of the 150th building permit”. They are not feeling very certain about the retail and would like to see the parkland happen sooner if the retail does not materialize. College Park City Council Meeting Minutes January 28, 2014 Page 5 Councilmember Mitchell asked about Condition 43 where it said these changes could be addressed in the future at Detailed Site Plan application. She clarified that this means that issues that some people have with the overpass could come back up for consideration. Ms. Schum said if the applicant does not come in with another revision to the Conceptual Site Plan to address Condition 43, which is still remaining, then it will have to be addressed at the time of Detailed Site Plan because it will still be a condition of the CSP. Ms. Ferguson requested that this item be tabled to allow time for the developer’s attorney to arrive. A motion was made by Councilmember Wojahn and seconded by Councilmember Brennan to table 14-G-09 until later this evening. The motion passed 8 – 0 – 0. 14-G-10 Appointments to Boards and Committees A motion was made by Councilmember Hew and seconded by Councilmember Wojahn to reappoint Gemma Evans and Suchitra Balachandran to the Committee for a Better Environment. The motion passed 8 – 0 – 0. COUNCIL COMMENTS: Councilmember Brennan requested a future Worksession discussion of the tree-topping done around the College Park Airport which was the subject of a recent Tree and Landscape Board letter to the Mayor and Council. RECESS: Mayor Fellows recessed the Regular Meeting at 8:02 p.m. and Council reconvened in a Worksession to discuss the Neighborhood Stabilization and Quality of Life Workgroup strategies with University of Maryland representatives Anne Martens, Carlo Colella and Emily Adams. RECONVENE: Mayor Fellows reconvened the Regular Meeting at 8:55 p.m. A motion was made by Councilmember Wojahn and seconded by Councilmember Kabir to take motion 14-G-09 off the table. The motion passed 8 – 0 – 0. 14-G-09 Approval of an amendment to the Conceptual Site Plan for Greenbelt Station (CSP-01008-02) subject to reaching agreement on a Declaration of Covenants and Development Agreement with NVR MS Cavalier Greenbelt, LLC, in substantially the form attached, with respect to the South Core of the Greenbelt Station project Comments from Norman Rivera, Attorney for the Applicant: They agree with the points in the revised development agreement, they agree with the Park & Planning staff report in terms of the CSP. The City of Greenbelt has requested fast-forwarding the conversion of the retail spot to College Park City Council Meeting Minutes January 28, 2014 Page 6 a park from the 450th building permit to the 150th building permit, which they concur with. They have covenants with the City of Greenbelt that allows them to review the development program. They will continue to work with City staff on their commitment on the $1.25M payment to the City. Comments from Justin Frye, Woodlawn Development Group, representing the Applicant: Mr. Frye said they are in agreement with the Development Agreement – the sticking points are all ironed out. Councilmember Wojahn asked for confirmation that they agree with all the conditions in the motion. The motion was reread. Mr. Frye said they are in agreement, with the exception of the 450th building permit in condition #1 -- that should be changed to the 150th building permit, per Greenbelt’s request. A friendly amendment was proposed by Councilmember Wojahn and seconded by Councilmember Kabir to amend Condition #1 from the 450th building permit to the 150th building permit. Councilmember Wojahn asked about the timing of the $1.25M payment to the City. Mr. Frye said the apartment site is under contract and they will submit for Park & Planning approval in mid February. They have agreed to add Parcel S- 3 as an additional trigger for the payment, so if something happens with the apartment site, sale of Parcel S- 3 would also trigger a payment to the city. The apartment parcel is an outsale to a third party so he doesn’t have any control over their build schedule. Their contract is for closing at building permit. Once the Detailed Site Plan is approved they will apply for building permit and that is when the payment will be proffered. Ms. Ferguson stated that in item 2(a) on page 2 of the Development Agreement, the blank for the number of lots should be filled in with 75. There were no comments on the amended motion. The amended motion passed 8 – 0 – 0. ADJOURN: A motion was made by Councilmember Mitchell and seconded by Councilmember Day to adjourn the meeting. With a vote of 8 – 0 - 0, Mayor Fellows adjourned the meeting at 9:06 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved