Mayor & City Council

FEBRUARY 25, 2014 CITY OF COLLEGE PARK COUNCIL CHAMBERS 7:00P.M. ADMINISTRATIVE SESSION OF THE MAYOR AND COUNCIL 7:30P.M. MAYOR AND COUNCIL MEETING AGENDA (There will be a closed session at the end of the meeting) MEDITATION PLEDGE OF ALLEGIANCE: Councilmember Dennis ROLL CALL MINUTES: Special Session on February 4, 2014; Public Hearing on 13-CR-03 on February 11, 2014; Regular Meeting on February 11, 2014 ANNOUNCEMENTS ACKNOWLEDGMENT OF DIGNITARIES ACKNOWLEDGMENT OF NEWLY APPOINTED BOARD AND COMMITTEE MEMBERS AWARDS PROCLAMATIONS AMENDMENTS TO THE AGENDA CITY MANAGER'S REPORT: Joe Nagro STUDENT LIAISON'S REPORT: Catherine McGrath COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS PRESENTATIONS CONSENT AGENDA 14-G-22 Spring Field Use Request by the College Park Boys and Motion by: Girls Club for Calvert Road Field, Duvall Field and To: Adopt concession stand Second: 1 14-G-26 Letter in support of SB 601, Business and Economic Aye:_ Development- Maryland E-Nnovation Initiative Program Nay:_ Other: 14-G-27 Letter in support of HB 1049, Prince George's County- Authority to Impose Fees for Use of Disposable Bags PG 402-14 14-G-28 Letter in support of CB-7-2014, A Resolution Concerning Prince George's County Science and Technology District for the purpose of establishing a Prince George's County Science and Technology Business District. ACTION ITEMS 14-G-25 Letter of support for a LIDC Grant Application to National Motion by: Fish and Wildlife Foundation for "Green Infrastructure Plan To: Second: for Rhode Island Avenue" Aye:_Nay:_ Other: 14-G-29 Approval of a letter to State Highway Administration with Motion by: Brennan comments on proposed improvements to MD 430 To: Second: (Greenbelt Road) Aye:_Nay:_ Other: 14-G-23 Letter in support of SB 600, Regional Institutions Strategic Motion by: Enterprise Zone Program, with amendments To: Second: Aye:_Nay:_ Other: 14-G-24 Appointments to Boards and Committees Motion by: To: Second: Aye:_Nay:_ Other: COUNCIL COMMENTS COMMENTS FROM THE AUDIENCE ADJOURN CLOSED SESSION There will be a closed session at the end of the Regular Meeting to: 1. Consult with Counsel on a legal matter 2. Consider the acquisition or sale of real property for a public purpose 3. Consider a matter that concerns the proposal for a business to locate in the County 4. Consider the investment of public funds INFORMATION/STATUS REPORTS FOR COUNCIL REVIEW 1. Report on Asian Fusion Special Entertainment Permit- Bob Ryan, Director of Public Services In accordance with the Americans With Disabilities Act, if you need special assistance, you may contact the City Clerk's Office at 240- 487-3501 and describe the assistance that is necessary. This agenda is subject to change. For current information, please contact the City Clerk. 2 MINUTES 3  MINUTES Special Session of the College Park City Council Council Chambers Tuesday, February 4, 2014 11:21 p.m. -11:23 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich, Day, and Hew. ABSENT: Councilmember Mitchell. ALSO PRESENT: Joseph Nagro, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney. During a regularly scheduled Worksession of the College Park City Council, a motion was made by Councilmember Wojahn and seconded by Councilmember Kabir to enter into a Special Session to act on matters that are time sensitive. The motion passed 7 - 0 - 0 and the Council entered into a Special Session at 11 :21 p.m. The possibility of the Special Session was listed on the Worksession agenda. ACTION ITEMS A motion was made by Councilmember Wojahn and seconded by Councilmember Day to authorize City support for the following bills: 14-G-12 Support for HB 292- Natural Gas- Hydraulic Fracturing- Prohibition and 14-G-13 HB 0063- Sales and Use Tax- Exemption- University and College Textbooks Councilmember Wojahn said the Council has supported these bills in the past. There were no comments from the audience or the Council. The motion passed 7 - 0 - 0. 14-G-14 Authorize the Mayor to sign a letter of support for a University grant to the National Fish and Wildlife Foundation Mayor Fellows requested this letter of support for a University grant to the National Fish and Wildlife Foundation for stormwater management projects on campus that ultimately would aid the City's waters. Mr. Nagro said this item was on the Facilities Council agenda last week. The Facilities Council is supportive of this grant application as long as none ofthese project areas impede any planned campus construction projects. A motion was made by Councilmember Day and seconded by Councilmember Wojahn to send a letter of support to Prof. Allen Davis for the University's grant application. 4 Special Session of the College Park City Council February 4, 2014 Page 2 There were no comments from the audience or from the Council. The motion passed 7- 0 - 0. ADJOURN A motion was made by Councilmember Dennis and seconded by Councilmember Kabir to adjourn the Special Session. With a vote of 7- 0- 0, Mayor Fellows adjourned the Special Session at 11:23 p.m. Janeen S. Miller, CMC Date City Clerk Approved 5  MINUTES Public Hearing of the College Park City Council Tuesday, February 11, 2014 7:00p.m.- 8:08p.m. 13-CR-03 Charter Resolution Of The Mayor And Council Of The City Of College Park, Maryland, Amending Article III "Mayor And Council", §C3-1, "Elected Officers Of The City" To Change The Minimum Age At The Time Of Taking Office After Election Or Appointment As The Mayor, Or As A Council Member, To Eighteen Years. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich, Day, Hew and Mitchell. ABSENT: None. ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Steve Groh, Director of Finance; Catherine McGrath, Student Liaison. Mayor Fellows opened the public hearing on Ordinance 13-CR-03 at 7:00p.m. and invited public comment. Ryan McCulley, 4904 Osage Street: He is in favor of the proposal. This would allow more people to participate in the democratic process. Let the voters decide whether someone is qualified. Eric Grims, 4804 Iroquois Street: He is in favor of the proposal. This will make government more inclusive. A voter can oppose any candidate they wish. His wife also supports the proposal. Carlo Colella, University of Maryland Vice President for Administrative Affairs and Finance: UMD President Wallace Loh regrets that he could not attend; together, they urge the Council's support. There are many dedicated, talented and insightful students. Matthew Popkin, 6801 Preinkert Drive, Apt., 6113: He is in favor of this proposal. All vital stakeholders should be treated equally. Marcia Duryea Booth, 5203 Huron Street: She does not support this proposal. It is commendable to try to get students more involved but most do not have the life experience that is needed. Perhaps a 5th Council district on campus with an age requirement of 18 years. Mihaela Drasovean, 9606 52"d Avenue: She does not support this proposal. Most 18-24 year olds are unprepared to serve; this is not in the best interests of the community. A decision such as this should go on the ballot. Jack Robson, 4710 Harvard: He does not support this proposal. This has to do with maturity and responsibility. The age of majority is trending back up. 6 College Park City Council Public Hearing Minutes 13-CR-03 February II, 2014 Page 2 John Krouse, 9709 53rd Avenue: Many people are not able to vote at any age because they have a green card or are here illegally. The corporate body of College Park needs to represent these people who are paying taxes but are not able to participate in the government. Mary Cook, 4705 Kiernan Road: She does not support this proposal. How many of the current student population will be here after they graduate? She encourages collaboration and participation on a City committee. Stasia Hutchison, 4710 Kiernan Road: She does not support this proposal. It is not in the City's best interest; a person rum1ing for Mayor should have the necessary life experience and be vested in the community. Kathy Bryant, 7406 Columbia: She is opposed to this proposal. Someone who lives here temporarily from another state cannot have the necessary perspective. There are many jurisdictions that need attention, not just those around the University of Maryland. This question should be put to the voters. David Dorsch, 4607 Calvert Road: He is opposed to this proposal. Maturity and life experience comes with time. He would like to increase the residency requirement so candidates will know the true lSSUeS. Cindy Lollar, 4607 Fordham Road: She is opposed to this proposal. A minimum age requirement is one of the legal ways to temper the undue influence of college students in this town. 60% of our population is between the ages of 18 24; that is a disproportionate number of teenagers. This is not a civil rights issue. Ed Lynch, 3530 Marlbrough Way: He is opposed to this proposal. This City has big-ticket issues. He respects students but they don't have the wherewithal to handle these issues. It's dangerous when people don't know what they don't know. Arthur Eaton, 9012 51st Avenue: He is opposed to this proposal. He believes many young people may have the good judgment needed, but what is lacking is the long term commitment and experience. Peter King, 3413 Duke Street: He is opposed to this proposal. This job takes commitment and experience gained by serving the community in other ways before stepping up to run for Council. It takes wisdom, life experience and maturity to decide the legal and fiscal consequences of municipal affairs. Federal and state offices have minimum age requirements for these reasons. Tim Miller, 5119 Niagara Place: He is opposed to this proposal. How can an 18 year old coming out ofhigh school lead a corporation with a $14M budget? It takes leadership experience. Samantha Zwerling, SGA President, 4230 Knox Road: Supports this proposal. She took office as SGA President at age 20, is accountable to 26,000 constituents and oversees a $1.3M budget. She has supported things many of her constituents would not like- restrictions on partying, increased penalties on destructive behavior- because it was important to the long-term success of this City. She has spent many hours working with the Neighborhood Stabilization Committee. She gave several examples of student commitment and collaboration: College Park Academy, on-campus tailgating. 7 College Park City Council Public Hearing Minutes: 13-CR-03 February 11, 2014 Page 3 Josh Ratner, 4230 Knox Road: Supports this proposal. Former Student Liaison. He is a volunteer firefighter and EMT so to imply that because of his age he doesn't have the life experience is insulting. He testified against the Book Exchange project, a position that was unpopular with students but was in the best interest ofthe community. Students spend thousands of hours a year on community service in the City. The voters can decide who is most qualified. Joseph Ehrenkrantz, 4619 Fordham Road: If an unqualified 18 year old runs for City Council, don't vote for them. Extending the age expands the democratic process. Joan Almon, 7303 Dartmouth: She is opposed to the proposal. Can't imagine having an elected official who is so new to College Park without the long term perspective on how the decisions that are made will affect us down the road. Clopper Almon, 7303 Dartmouth: He is opposed to this proposal. He values students but is reluctant to entrust the City and its finances to someone whose commitment is not long-term. There is a remarkable change in maturity from age 19 to age 21. There being no further comment, Mayor Fellows closed the public hearing at 8:08p.m. Janeen S. Miller, CMC Date Approved City Clerk 8  MINUTES Regular Meeting of the College Park City Council Tuesday, February 11, 2014 8:08p.m. -10:04 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich, Day, Hew and Mitchell. ABSENT: None. ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Steve Groh, Director of Finance; Catherine McGrath, Student Liaison. Mayor Fellows opened the meeting at 8:08p.m. following an earlier Public Hearing. Councilmember Brennan led the Pledge of Allegiance. Minutes: A motion was made by Councilmember Mitchell and seconded by Councilmember Brennan to adopt the minutes of the Special Session on January 23, 2014and the Regular Meeting on January 28,2014. The motion passed 8-0-0. Announcements: Councilmember Mitchell announced that one ofthe components of the National League of Cities, the University Communities Committee, will be hosted by the University of Maryland on March 11. Councilmember Dennis announced the Lakeland Civic Association will have their monthly meeting on Thursday at 7:00p.m. at the College Park Community Center. The videotape of the Martin Luther King, Jr. tribute will be aired on the City's cable channel during the month of February. The children's artwork from that tribute is on display in the Council Chambers. Next year's MLK Tribute will be held on January 17,2015. Councilmember Wojahn announced the next meeting of the North College Park Citizens Association will be on Thursday at Davis Hall. Amendments to the Agenda: Add 14-G-20, approval of a letter of support for HB 1057 to the Consent Agenda. City Manager's Report: Mr. Nagro reminded everyone of the upcoming Presidents Day holiday. Student Liaison's Report: Ms. McGrath thanked everyone for coming to the public hearing tonight; the student body is looking forward to future collaboration. Comments from the Audience on Non-Agenda Items: 9  " College Park City Council Meeting Minutes February II, 2014 Page 2 Dave Dorsch, 4607 Calvert Road: The City should set up an awards program to encourage and reward people who do exemplary work on their properties. Use the carrot rather than the stick. CONSENT AGENDA: A motion was made by Councilmember Dennis and seconded by Councilmember Kabir to adopt the Consent Agenda, which consisted of the following: 14-G-15 Approval of a letter of support for a "Green Streets" application to the Chesapeake Bay Trust for the Hollywood Gateway Park and the 8800 Block of Rhode Island Avenue 14-G-16 Approval of remaining FY '14 Public School Education Grants as follows: 1) to Greenbelt Middle School in the amount of$6,500 for College Awareness Project; 2) to Paint Branch Elementary School in the amount of $6,000 for cultural opportunities for students/professional development 14-G-17 Approval of an Agreement between the City of College Park and MobileNOW!, LLC, for 3 year exclusive license for "pay by cell" parking services, at no cost to the City 14-G-20 Approval of a Letter of Support for HB 1057- Prince George's County- University of Maryland, College Park Bus Service- Motor Carrier Permit Exemption- Removal of Sunset (PG 403-14: Shuttle UM) The motion carried 8-0-0. ACTION ITEMS 13-CR-03 Adoption of 13-CR-03, A Charter Resolution Of The Mayor And Council Of The City Of College Park, Maryland, Amending Article III "Mayor And Council", §C3-1, "Elected Officers Of The City" To Change The Minimum Age At The Time Of Taking Office After Election Or Appointment As The Mayor, Or As A Council Member, To Eighteen Years. A motion was made by Councilmember Wojahn and seconded by Councilmember Day to adopt 13-CR-03, A Charter Resolution Of The Mayor And Council Of The City Of College Park, Maryland, Amending Article III "Mayor And Council", §C3-1, "Elected Officers Of The City" To Change The Minimum Age At The Time Of Taking Office After Election Or Appointment As The Mayor, Or As A Council Member, To Eighteen Years. Councilmember Wojahn said experience can be gained in many different ways. He discussed the story of Svante Myrick who became Mayor of Ithica, NY at age 24. Mayor Fellows expressed his support for the proposed amendment andreviewed past student campaigns. He believes students should have the right to run. 10 College Park City Council Meeting Minutes February II, 2014 Page 3 A motion to amend 13-CR-03 was made by Councilmember Kabir and seconded by Councilmember Mitchell to change the minimum age for Mayor to age 24 and for Councilmember to age 20. He discussed the various concerns expressed by the residents and believes this offers a compromise solution. Comments from the audience on this amendment: Jack Robson, 4710 Harvard Road: This is a good idea, but suggests this question be put to the voters on a referendum. Josh Ratner, 4230 Knox Road: The proposed ages are arbitrary; people's rights shouldn't be put to a referendum. Christine Nagle: Appreciates the compromise; this feels destabilizing to residents. This is not a civil right. Take more time before deciding. Peter King, 3413 Duke Street: This is not an issue of right, it is an issue of qualifications to run for office. Minimum age requirements are fair, legal and constitutional. John Krouse, 9709 53rd Avenue: This issue should go to the voters. He supports the amendment. Tim Miller, 5119 Niagara Place: This is not about equal rights. Either vote for the amendment or vote the whole thing down. Dave Dorsch, 4607 Calvert Road: Students are already represented on the Council through the Student Liaison. This should be sent to the voters to decide. Ms. Ferguson discussed state law on binding referenda. Ms. McGrath stated that she may be the student liaison but she could not run for Council because she is 20. Joan Almon, 7303 Dartmouth Avenue: Supports the amendment; addresses concerns on both sides. Kathy Bryant, 7406 Columbia: It is a good amendment but is not fair that something this important be decided by so few people; it should go to the voters. Councilmember Brennan said the amendment is just a gesture, and defeats the intent of the original proposal. He wants to articulate the difference: this proposal gives a student the right to make their case before the voters, not the right to serve on the Council. 11 College Park City Council Meeting Minutes February II, 2014 Page4 Councilmember Wojahn discussed the residency and registration requirements for candidates under the City Charter, and said that an opinion from the Office of the Attorney General offers that an increase in the residency requirement likely would not be constitutional. He appreciates the effort to make the compromise but will not support it. He would be willing to change the age ofMayorto 21. Councilmember Stullich said this amendment is a compromise that would extend the opportunity to run for office to a broader range of people while acknowledging that age and experience do matter. Minimum qualifications are a reasonable thing for government to include in its charter. Councilmember Mitchell supports this compromise. This is about representing the wishes of her district, not opposing students. Many of her residents are concerned about the unknown. Councilmember Day said we have been disenfranchising most of our young adults by not allowing them to be part of a free and fair election. Running for office is a fundamental right everyone deserves. He won't support the amendment. Ms. Ferguson clarified that Council can solicit the views of the public on the ballot, but that any result would not be binding. Councilmember Hew supports this compromise amendment. Vote on the amendment: Support: Kabir, Stullich, Hew, Mitchell Oppose: Wojahn, Brennan, Dennis, Day The vote was a 4-4 tie; Mayor Fellows voted "No" on the amendment; amendment fails. Council comments on the main motion: Councilmember Dennis said he has struggled with this. His constituents have authorized him to represent them so he will support the amendment; he recognizes the risks but there are also things to be gained. Councilmember Wojahn said he wouldn't recommend this if the thought it would be harmful. This will help forge a better relationship. A lot of great college towns don't have minimum age requirements above age 18. Councilmember Day said this is an issue of fairness to the young people of College Park. It's up to the voters to decide who to put in office. There are 8 people on Council - one or two students won't change things. Councilmember Stullich said there are some severe quality of life problems and everyone agrees that to make College Park a model college town we have to make things better. If we can't talk about what the problems are we can't work on them. The message to stop the bad behavior has to come from everyone, including the students. 12 College Park City Council Meeting Minutes February ll, 2014 Page 5 Student Liaison Catherine McGrath said she does not always feel welcome in the community, or welcome to run for office, which was reflected in some of the comments she heard tonight. Students have just as much investment in the community as long as long term resident. Most students want the best for the city. Councilmember Kabir said this was last discussed in October 2010. While he personally supports the proposal, he will vote against it because he can't ignore his constituents who are largely opposed. Councilmember Wojahn said this is a representative democracy. Despite the vocal opposition he will support the proposal. Councilmember Day said that students are fairly spread throughout the community- he was a member of the redistricting commission and they worked hard to balance the students in the community when drawing district lines. Councilmember Stullich believes it's time to think about creating a 5th council district specifically designed to ensure a student representative on Council. Some long term residents fear they wouldn't have a long term representative representing them. As an olive branch and statement of her desire to find a way forward through the dissention that sometimes occurs between the students and long term community, she is going to vote in favor of the motion. Councilmember Mitchell has heard from her constituents that are not comfortable with this proposal so she will not vote for this tonight. She will remember the comments she heard as we work through the Neighborhood Stabilization Committee on the issues that were raised. Vote on the main motion: Support: Wojahn, Brennan, Dennis, Stullich, Day Opposed: Kabir, Hew, Mitchell The Charter Amendment passed 5 - 3 - 0. 14-G-18 Motion in Support of financing model #3 if College Park Academy chooses to move to the Al-Huda school site A motion was made by Councilmember Wojahn and seconded by Councilmember Kabir that the City of College Park approve the following financing model, designated "Model 3" by the College Park Academy ("the Academy") if: 1) The Academy Board chooses to relocate to the AI-Huda property, located at 5301 Edgewood Road, College Park, Maryland, and 2) Financing is secured with annual debt service not to exceed $500,000, subject to the following terms and conditions: 13 College Park City Council Meeting Minutes February II, 2014 Page 6 a. The Academy would purchase the Al-Huda property and make necessary renovations. b. The University of Maryland or another lender would finance the purchase and renovations with a loan not to exceed $10 million upon such terms as the parties shall negotiate. c. The City of College Park would guarantee the loan, but would require provisions in the loan that, in the event that the Academy closes or defaults on its loan prior to its maturity, the City would take title to the property, and the lender would defer debt service on the loan for a specified period of time to enable the City to sell the property and pay off the loan. Any accrued but unpaid interest would be added to the pay-off balance of the loan. d. Such other conditions as may be necessary to carry out the intents and purposes hereof and protect the City, to the extent possible, from additional liability. Councilmember Wojahn explained that the Board of Directors ofthe College Park Academy is reviewing options for the relocation of the Academy to a permanent home within the City. One of the properties under consideration is the Al-Huda site on Edgewood Road. Negotiations with the property owner are ongoing. The Academy will be investigating financing options with the University of Maryland and other lenders. At this point, the Academy Board is seeking input from the City on which of the various models under consideration for the Al-Huda site would be preferable to the City. In addition to the Al-Huda property, the Academy Board is considering another site owned by the University of Maryland. This motion does not express any preference for one site over another. This is a preliminary motion to express the City's preference for a particular financing model if the Academy board chooses the Al-Huda site and secures satisfactory financing. Further Council action will be required in order to authorize a memorandum of understanding or other agreement between the Academy, the City and the selected lender, outlining the duties and responsibilities of each. Comments from the Audience: Senator Rosapepe, on behalf of the College Park Academy Board: There is no expectation that the Council tonight will commit itself to a path or choice between the two sites, but this option is helpful to the Academy Board as they consider their choices. Councilmember Stullich offered an amendment to the motion. Councilmember Stullich said she understands that the intent is not to lock the City in to a commitment to this particular site, but rather to express a preference for this particular financing model, should this be the right site. To clarify this intent, she wants to amend the motion as follows: Delete the word "approve" and instead say, "express its preference for." In addition to the existing conditions, add a new condition as #2: "The City Council later approves this site selection and financing model after reviewing the relative merits of all sites under consideration." The motion to amend was seconded by Councilmember Day. 14 College Park City Council Meeting Minutes February II, 2014 Page 7 Councilmember Stullich said the decision about the long term location of the school is very important to the City and ultimately will rest with the Board of the College Park Academy. The Council's decision is about our financial commitment and risk. The fiscally prudent thing to do is have more complete information about both options before saying we approve this model. The amended motion is as follows: I move that the City of College Park express its preference for the following financing model, designated "Model 3" by the College Park Academy ("the Academy"), if: 1) The Academy chooses to relocate to the Al-Huda property, located at 5301 Edgewood Road, College Park, Maryland, 2) The City Council later approves this site selection and financing model after reviewing the relative merits of all sites under consideration, and 3) Financing is secured with annual debt service not to exceed $500,000, subject to the following terms and conditions a. The Academy would purchase the AI-Huda property and make necessary renovations. b. The University of Maryland or another lender would finance the purchase and renovations with a loan not to exceed $10 million upon such terms as the parties shall negotiate. c. The City of College Park would guarantee the loan, but would require provisions in the loan that, in the event that the Academy closes or defaults on its loan prior to its maturity, the City would take title to the property, and the lender would defer debt service on the loan for a specified period of time to enable the City to sell the property and pay off the loan. Any accrued but unpaid interest would be added to the pay-off balance of the loan. d. Such other conditions as may be necessary to carry out the intents and purposes hereof and protect the City, to the extent possible, from additional liability. There were no comments from the audience or the Council on the amendment. The amendment passed 8 - 0 - 0. There were no comments from the audience or from the Council on the main motion as amended. The amended motion passed 8- 0 - 0. 15 College Park City Council Meeting Minutes February II, 2014 Page 8 14-R-03 Adoption of 14-R-03, A Resolution of the Mayor and Council of the City of College Park To Amend The Membership of the Neighborhood Stabilization Committee A motion was made by Councilmember Stullich and seconded by Councilmember Wojahn to adopt 14-R-03, a Resolution of the Mayor and Council of the City of College Park to amend the membership of the Neighborhood Stabilization Committee. Councilmember Stullich said the original idea was to make this new committee smaller and more efficient than the Neighborhood Stabilization and Quality of Life Workgroup but many different groups were feeling left out of the process. This group has become an important venue so it is desirable to expand the membership so all the stakeholders are at the table. She described the proposed additions to the membership roster. Comments from the audience: Joseph Ehrenkrantz, 4619 Fordham Road: He appreciates Councilmember Stullich's comments about CHUM and the extension of good will and looks forward to working together. Carlo Colella, University of Maryland, Vice President of Finance and Administration: He commends the work of the committee to this point and applauds this resolution to expand the membership to add participation by all parties. The motion passed 7- 0- 0 (Councilmember Hew was not at the dais). 14-G-19 Appointments to Boards and Committees A motion was made by Councilmember Stullich and seconded by Councilmember Brennan to appoint Robert Thurston to the Ethics Commission, Bettina McCloud to the Recreation Board, Harriet McNamee to the Animal Welfare Committee, Dave Milligan to the Citizens Corps Council, Cindy Verasco to the Animal Welfare Committee, Patti Brothers to the Animal Welfare Committee, Larry Wenzel to the Noise Control Board, Alan Bradford to the Recreation Board, Adele Ellis to the Recreation Board, Lisa Miller to the Neighborhood Stabilization Committee, Richard Biffl to the Neighborhood Stabilization Committee, and to support the University's selection of Chief Mitchell and Dr. Andrea Goodwin to the Neighborhood Stabilization Committee. The motion passed 8-0-0. WORKSESSION DISCUSSION: City Attorney Suellen Ferguson provided an overview: Mr. Horne is here on behalf of the developer, Metropolitan, who was before Council in December on their Detailed Site Plan. As a condition of the DSP, a 20-foot R-0-W was to be vacated and one-half would revert to the developer for a 10-foot landscape buffer. Upon further review the R-0-W is entirely on the other property, not on Metropolitan's property, so they cannot fulfill this request. The developer 16 College Park City Council Meeting Minutes February II, 20 I4 Page 9 is asking that the City grant a permanent easement to Metropolitan for installation and maintenance of the 10 foot landscape buffer. Mr. Horne requested the Council agree to the easement so the client can fulfill the landscape buffer. Councilmember Wojahn clarified that the end result would still be the same; it's just another way to accomplish it. Mr. Horne said the developer would maintain all 20 feet instead of just 10 feet. 14-G-21 Approval of a motion to pursue a permanent easement to Metropolitan for a 10 foot landscape buffer A motion was made by Councilmember Brennan and seconded by Councilmember Dennis to pursue the granting of a permanent easement to Metropolitan. There were no comments from the audience or from the Council. The motion passed 8 - 0 - 0. COUNCIL COMMENTS: Councilmembers Wojahn and Kabir asked to place on a future Worksession the question of how the City could handle voter registrations if it were to allow non residents to vote in City elections. ADJOURN: A motion was made by Councilmember Stullich and seconded by Councilmember Dennis to adjourn. With a vote of 8 - 0- 0, Mayor Fellows adjourned the Regular Meeting at 10:04 p.m. Janeen S. Miller, CMC Date City Clerk Approved 17 14-G-22 18  Select One: Calvert Hills Playground (Youth field-- groups must be 13 and under) Duvall Field Name of Organization: Is this Organization 0 No Contact Name(s) Mailing Address: Email Address Day Phone: Description of Activity/Event: Sports 0 Baseball 0 Football Additional Requirements: Toilets Date(s) Requested· See Facilities Rules and Regulations for acceptable times and age group <::ft'·- ~ Day(s) of Week Requested: Sun. 13/ Mon. f1./} "~ r:1 ~> (c 1 Time(s) Requested 0 a.m. Are you collecting a fee? Yes 0 No _ I hereby confirm that I have received and read the City Recreation Facilities Rules and Regulations. _Organization's Proof of Adequate Minimum Liability Insurance as required under Section IV, Item 5 is attached hereto In addition, applicant/organization agrees to indemnify and hold harmless the City from and against all actions, liability, claims, suits, damages, cost or expenses of any kind which may be brought or made against the City or which the City must pay and incur by reason of or in any manner resulting from injury, foss or damage to persons or property resulting from his/her negligent performance of or failure to perform any of his/her obligations under the terms of this application/permit. Nmaresrusmm~mmmrnmmms~mmmmwmrurummmmmm~mmwmmrnsmwm~mmmmmmmmrnmmmMmmmm~rurumm~mmrurnmmrnoerumwm~a~mrnmrommmrommm~mm Recommendations and Notifications Recreation Board !.:!(Approve Fee Waived 0 Approve with Fee of 0 Denied Comments 'Use wm- t'£.\t>e. :ro CYo\o\\201'/ ; Pub. Svcs Director Concur 0 Yes 0 No Comments: City Concur 0 Yes 0 No Comments Mayor and Council Concur 0 Yes 0 No Comments: 2013 FU Applications (2).doc)( Page 1 OK 19  of Fees-- the Council may vote to user fees, in whole or in part, upon recommendation the Recreation Board. When considering whether to recommend or grant a full or partial waiver of user fees. Please describe how your organization meets any of the following criteria: a. The level of use that is involved with the activity, including wear and tear on the facility; The level of involvement by College Park residents in the activity; c. The community benefit that may result from the activity, for example, recreational opportunities for youth or seniors; d. Volunteer services that the user provides to the City or its residents; e. Assistance to be provided by the user for maintenance of the recreational facility; and Whether user activities promote the interests of the College Park community. 2013 FU Applications (2).docx Page 2 20  Complete both pages and Submit to: pub/icsell!icr;z[:)@!;;_o/iegepar~rnd.gov. Select One: l!!i'Calvert Hills Playground (Youth field- groups must be 13 and under) a Duvall Field Name of Organization: Is this Organization: City-Based Youth Yes 0 No City Headquartered 0 No Contact Name(s): Mailing Address: Email Address: Day Phone: Description of Activity/Event: Sports 0 Baseball 0 Football Expected Number of Participants Additional Requirements: 0 Toilets 0 Lights 0 Concession Stand Date(s) Requested: See Facilities Rules and Regulations for acceptable times and age group Day(s) of Week Requested: 0 Sun. Mon. lEI Tues. Wed. Thurs. 0 Fri. 0 Sat 0 a.m. p.m. Are you collecting a fee? Yes 0 1\lo _I hereby confirm that I have received and read the City Recreation Facilities Rules and Regulations. _Organization's Proof of Adequate Minimum Liability Insurance as required under Section IV, Item 5 is attached hereto In addition, applicant/organization agrees to indemnify and hold harmless the City from and against ali actions, liability, claims, suits, damages, cost or expenses of any kind which may be brought or made against the City or which the City must pay and incur by reason of or in any manner resulting from injury, loss or damage to persons or property resulting from his/her negligent performance of or failure to perform any of his/her obligations under the terms of this aoplication/permit. rnmmmwmwemmmnmewsmmsmmmmmmw~mmammssamsmammemmmmmmmJrummmmmmemmmmmmmmromammwamBmmmmmmsrommammmwmmmm~m~~ Recommendations and Notifications Recreation Board ~Approve Fee Waived 0 Approve with Fee of $_ _ _ __ 0 Denied Comments: N.cl- 1\)Q.L'l)e. '1D o :>\cd :z..ov-\, mu.d I~ @ D~fK II£ Pub. Svcs Director Concur 0 Yes 0 No Comments: Manager Concur 0 Yes 0 No Comments Mayor and Council Concur 0 Yes 0 No Comments: 2013 FU Applications (2).doO< Page 1 21  -the Council may vote to waive user fees, in whole or in part, upon recommendation of the Recreation Board. When considering whether to recomiYJend or grant a full or partial waiver of user fees. Please describe how your organization meets any of the following criteria: a. The level of use that is involved with the activity, including wear and tear on the facility; b. The level of involvement by College Park residents in the activity; c. The community benefit that may result from the activity, for example, recreational opportunities for youth or seniors; Volunteer services that the user provides to the City or its residents; ·--·----------- e. Assistance to be provided by the user for maintenance of the recreational facility; and f. Whether user activities promote the interests of the College Park community. 2013 FU Applications (2).docx Page 2 22 14-G-26 23  February 25, 2014 The Honorable Edward J. Kasemeyer, Chair Senate Budget and Taxation Committee 3 West Miller Senate Building Annapolis, MD 21401 Re: SB 601 Maryland E-Nnovation Initiative Program Dear Senator Kasemeyer: The College Park City Council voted unanimously on February 25, 2014 to support SB 601, the Maryland E-Nnovation Initiative Program. This program creates tax incentives for the private sector to provide significant matching funds to support university research. It is an innovative approach to incentivize the public and private sector, including donors to the universities, to help finance important research. College Park is proud to be the home of the University of Maryland, and we believe this program benefits both the University and the City. We are pleased to collaborate with the University to support this initiative and its recruitment of world-renown researchers. E-N novation will help universities throughout Maryland attract and retain the best minds to build upon Maryland's strong scientific economic base. On behalf of the City of College Park, I respectfully request your favorable consideration of this legislation. Sincerely, Andrew M. Fellows Mayor cc: Members of the Senate Budget and Taxation Committee Members of the 21 51 District Wallace D. Loh, President, University of Maryland College Park 24  February 25, 2014 The Honorable Sheila E. Hixson, Chair House Ways and Means Committee Room 131 House Office Building Annapolis, MD 2140 Re: HB 741 Maryland E-Nnovation Initiative Program Dear Delegate Hixson: The College Park City Council voted unanimously on February 25, 2014 to support HB 741, the Maryland E-Nnovation Initiative Program. This program creates tax incentives for the private sector to provide significant matching funds to support university research. It is an innovative approach to incentivize the public and private sector, including donors to the universities, to help finance important research. College Park is proud to be the home of the University of Maryland, and we believe this program benefits both the University and the City. We are pleased to collaborate with the University to support this initiative and its recruitment of world- renown researchers. E-Nnovation will help universities throughout Maryland attract and retain the best minds to build upon Maryland's strong scientific economic base. On behalf of the City of College Park, I respectfully request your favorable consideration of this legislation. Sincerely, Andrew M. Fellows Mayor cc: Members of the House Ways and Means Committee Members of the 21st District Wallace D. Loh, President, University of Maryland College Park 25 14-G-27 26  February 25, 2014 The Honorable Maggie Mcintosh, Chair House Environmental Matters Committee Room 251 House Office Building Annapolis, MD 21401 Re: HB 1049 Prince George's County- Authority to Impose Fees for Use of Disposable Bags Dear Delegate Mcintosh: The City of College Park Council voted unanimously on February 25, 2014 to support HB 1049, which would reduce landfill waste and litter by imposing a fee on disposable bags. This legislation is consistent with our work to protect and restore the environment, reduce waste, and create a more attractive community. Americans use over 100 billion plastic bags each year which requires about 12 million barrels of oil to produce. Many of these one-use bags end up in our landfills and public areas, detracting from our communities and creating costs for local governments. HB 1049 enables Prince George's County to implement a fee for the use of certain disposable bags in certain commercial establishments. This type of program has successfully reduced waste in other jurisdictions, and will help reduce waste and improve the quality of life in the City of College Park and our County. On behalf of our residents, I respectfully request your support of this legislation. Sincerely, Andrew M. Fellows Mayor cc: House Environmental Matters Committee Members 51 21 Delegation County Executive Rushern L. Baker, Ill Prince George's County Council Member Eric Olson, Prince George's County Council Member Mary Lehman, Prince George's County 27  February 25, 2014 The Honorable Dereck E. Davis, Chair House Economic Matters Committee Room 231 House Office Building Annapolis, MD 21401 Re: HB 1049 Prince George's County- Authority to Impose Fees for Use of Disposable Bags Dear Delegate Davis: The City of College Park Council voted unanimously on February 25, 2014 to support HB 1049, which would reduce landfill waste and litter by imposing a fee on disposable bags. This legislation is consistent with our work to protect and restore the environment, reduce waste, and create a more attractive community. Americans use over 100 billion plastic bags each year which requires about 12 million barrels of oil to produce. Many of these one-use bags end up in our landfills and public areas, detracting from our communities and creating costs for local governments. HB 1049 enables Prince George's County to implement a fee for the use of certain disposable bags in certain commercial establishments. This type of program has successfully reduced waste in other jurisdictions, and will help reduce waste and improve the quality of life in our County. On behalf of our residents, I respectfully request your support of this legislation. Sincerely, Andrew M. Fellows Mayor cc: House Economic Matters Committee Members 21st Delegation County Executive Rushern L. Baker, Ill Prince George's County Council Member Eric Olson, Prince George's County Council Member Mary Lehman, Prince George's County 28 14-G-28 29  February 25, 2014 The Honorable Ingrid M. Turner, Chair Prince George's County Council Committee on Planning, Zoning and Economic Development County Administration Building (Room 2027) 14741 Governor Oden Bowie Drive Upper Marlboro, MD 20772-3050 Dear Council Member Turner: The College Park City Council voted unanimously on February 25, 2014 to support CR-7-2014, which will establish a Prince George's County Science and Technology Business District. We agree that the County as a whole and the specific area identified in the resolution have strong science and technology assets. The City of College Park is the home of the one of the nation's top research universities, the University of Maryland, as well as numerous federal and private science and technology-related organizations. This resolution will enable the County to more easily create programs and incentives that grow this sector, attract investment and employment, and increase collaboration among the outstanding educational, research, and private entities in the region. We look forward to working with the County and our anchor institutions to support the initiatives identified in CR-7-2014, and we appreciate the Council's leadership with this program. Sincerely, Andrew M. Fellows Mayor cc: County Executive Rushern Baker, Prince George's County Councilman Eric Olson, Prince George's County Council President Wallace D. Loh, University of Maryland College Park 30 14-G-25 31  MEMORANDUM TO: Mayor and Council THROUGH: Joseph L. Nagro, City Manager~ Terry Schum, Director of Planning, Community and Economic Development 1)1 FROM: Steve Beavers, Community Development Coordinator Sr"£) DATE: Feb,ruary 21, 2014 SUBJECT: Letter of Support for Technical Assistance Application to the National Fish & Wildlife Foundation (NFWF) ISSUE: The Low Impact Development Center, Inc. (LID Center) recently contacted City staff about submitting a technical assistance request to the National Fish & Wildlife Foundation (NFWF) on behalf of the City. The grant would fund the preparation of a Green Infrastructure Plan for the northern portion of the Rhode Island Avenue corridor between Ontario Road and Greenbelt Road. An official letter of support from the City is required as part of the submittal. SUMMARY: This grant will fund development of a green street concept for the Rhode Island Avenue corridor, that can be used to help direct future implementation opportunities for complete streets. The project will establish a vision and foundation to improve this transportation corridor to address stormwater management runoff, increase access and mobility for the community, reduce urban heat island effects, enhance and reinforce the appearance of the community, help coordinate stormwater management planning between Prince George's County and the City, and provide educational and outreach opportunities. The focus of the concept plan includes both Rhode Island Avenue and its associated service roads and rights-of-way between Ontario Road and Greenbelt Road. In totat the corridor is approximately 1.4 miles in length. Potential features include bioswales, pervious pavement, native plantings, and a wayfinding plan to highlight the LID practices for pedestrians, bicyclists, and drivers along the corridor. Project deliverables include community outreach meetings, development of alternative concepts and a final design concept, cost estimate and report. This project will be coordinated with the initiation of a commercial district streetscape improvement project for the Hollywood commercial area. RECOMMENDATION: Council authorization for a letter in support of a NFWF application for the Rhode Island Avenue Corridor Green Infrastructure Plan. ATTACHMENT: Draft letter to the National Fish and Wildlife Foundation 32  February 25, 2014 Elizabeth Nellums Manager, Chesapeake Programs National Fish and Wildlife Foundation 1133 15th Street, NW- Suite 1100 Washington, D.C. 20005 RE: CBSF Technical Assistance Application for College Park Ms. Nellums, The City of College Park believes that an attractive and healthy natural environment must be combined with a strong focus on environmental sustainability. Therefore, we are very excited about the proposed green infrastructure corridor project for Rhode Island A venue submitted by the Low Impact Development Center. The Rhode Island Avenue corridor is a populous area consisting of residential neighborhoods, commercial areas, recreational opportunities, and the Hollywood Elementary School. Local City-owned service streets parallel the main road, which is owned by Prince George's County. The green spaces between these roads present tremendous opportunities to improve urban stormwater management. Further, the City and County ownership of the right- of-way provides a unique opportunity to showcase the design as part of a collaborative effort between multiple jurisdictions. We believe that this project aligns well with the mission of the National Fish and Wildlife Foundation and ask you to support the planning and design work necessary to move this project forward. Sincerely, Andrew M. Fellows Mayor 33 14-G-29 34  February 25, 2014 Mr. Venu Nemani, SHA District 3 Maryland State Highway Administration 9300 Kenilworth Avenue Greenbelt, MD 20770 Dear Mr. Nemani: Thank you for your recent presentation to the City of College Park Council regarding the planned improvements to Greenbelt Road as part of a SHA resurfacing project. We appreciate the time you took to explain the project improvements and to respond to our questions and comments. This is an important opportunity to create a safer road and connectivity for multiple users. It is a neighborhood road with homes on both sides, and as you pointed out, the current vehicular capacity and lack of bicycle facilities are not in line with desired use and safety. On behalf of the City Council and our residents, I would like to summarize the concerns and recommendations Council members raised after your presentation. The City is interested in receiving (as soon as feasible) SHA's study of actual vehicular speeds, and its assessment of the appropriate speed for this area that would protect drivers, pedestrians, and cyclists. If the actual speeds are in excess of the appropriate speed, then additional measures should be designed to ensure that the changes will in fact reduce speeds to the appropriate level. Separated bicycle lanes, or at least wider on-road bicycle lanes with rumble strips or reflectors are common design features that help protect the lives of cyclists. Additionally, convenient pedestrian and bicycle crossings with activated priority crossing lights and visible signage encourage drivers to slow down and anticipate pedestrians and cyclists, and encourage the safe use of the road by these users. We ask that you consider enhanced connectivity to the bicycle trails, and possibly safety areas for pedestrians to use when crossing. We recognize that the draft plan you presented meets the minimum SHA standards for bicycle lanes and other factors, but we respectfully request that SHA review the area and identify improvements that will create a very safe and attractive project for everyone. Thank you once again for your work on this project, and we look forward to collaborating with SHA on this and other important projects in our community. Sincerely, Andrew Fellows Mayor Cc: District 21 Delegation Council Member Eric Olson 35 14-G-23 36 Motion for Councilmember ...,........,.._ _ _ _ ____ 14-G-23 l;..~~r in Support of SBGOO With Amendments I move that the City Council send correspondence to the relevant Maryland General Assembly Committees and other elected officials stating the Citts support with amendments of the RISE legislation (Regional Institutions Strategic Enterprise Zone Program) that would create state and local incentives in designated areas near universities. Comments: The City is proposing amendments to the bill that would require that local governments are part of any application for a RISE zone that includes tax credits against its real property tax rate; local government consent to provide tax credits; and State reimbursement for one-half of the tax credits provided. 37  February 25, 2014 The Honorable Sheila E. Hixson, Chair House Ways and Means Committee Room 131 House Office Building Annapolis, MD 2140 Re: HB 742 Regional Institution Strategic Enterprise Zone Program Dear Delegate Hixson: The College Park City Council voted on February 25, 2014 to support with amendments HB 742, the Regional Institution Strategic Enterprise Zone Program. The City of College Park and the University of Maryland have collaborated on a wide range of important programs, including public education, public safety, and economic development, and if implemented, we look forward to collaborating with the University on this initiative. There are a number of exciting opportunities in and around College Park that this program could facilitate, and the Council supports the intent of HB 742 to create incentives that will revitalize areas around anchor institutions. However, the Council is extremely concerned with three aspects of the bill as introduced. First, local governments are not part of the application or approval process. As introduced, the applicant can only be a university or non-profit, and the approval of the application is by the Secretary of the Department of Business and Economic Development (DBED) with advice only from a local government. The City supports amending the bill so that the "applicant" must include at least one level of local government (a county, a municipality, or both), together with a university or a qualified non-profit. Secondly, the bill requires that local governments (county and municipal) provide 10-year real property tax credits (80% for the first five years) without their consent. The designation of the area for the zone is entirely done by the applicant and the Secretary of DBED. As stated above, the City of College Park would like to be a partner in this initiative, but it must retain the authority to approve programs that could result in tax credits worth hundreds of thousands of dollars annually. The City supports amending the legislation so local real property tax credits are not provided unless the local government has approved of the credit. The City's third concern is that unlike the successful Enterprise Zone program which this bill uses as a model, as drafted HB 742 does not reimburse local governments for one-half of the property taxes that are not collected due to the program. The City requests amending the legislation to include the provision by 1 38 which the State reimburses the local government for half of the property tax credits provided. The City has been working with many stakeholders to improve the bill with the changes noted above, as well as minor changes that create better flexibility in designing incentives for a specific area. We respectfully request your support for HB 742 with the amendments noted above. We look forward to working as equal partners with the University, the County, and other organizations to implement a successful RISE zone that benefits the State and our community. Sincerely, Andrew M. Fellows Mayor cc: Members of the House Ways and Means Committee 51 21 District Members Council Member Eric Olson, Prince George's County Wallace D. Loh, President, University of Maryland College Park 2 39  February 25, 2014 Senator Edward J. l<asemeyer, Chair Senate Budget and Taxation Committee 3 West Miller Senate Building Annapolis, MD 21401 Re: SB 600 Regional Institution Strategic Enterprise Zone Program Dear Chair l<asemeyer: The College Park City Council voted on February 25,2014 to support with amendments SB 600, the Regional Institution Strategic Enterprise Zone Program. The City of College Park and the University of Maryland have collaborated on a wide range of important programs, including public education, public safety, and economic development, and if implemented, we look forward to collaborating with the University on this initiative. There are a number of exciting opportunities in and around College Park that this program could facilitate, and the Council supports the intent of SB 600 to create incentives that will revitalize areas around anchor institutions. However, the Council is extremely concerned with three aspects of the bill as introduced. First, local governments are not part of the application or approval process. As introduced, the applicant can only be a university or non-profit, and the approval of the application is by the Secretary of the Department of Business and Economic Development (DBED) with advice only from a local government. The City supports amending the bill so that the "applicant" must include at least one level of local government (a county, a municipality, or both), together with a university or a qualified non-profit. Secondly, the bill requires that local governments (county and municipal) provide 10-year real property tax credits (80% for the first five years) without their consent. The designation of the area for the zone is entirely done by the applicant and the Secretary of DBED. As stated above, the City of College Park would like to be a partner in this initiative, but it must retain the authority to approve programs that could result in tax credits worth hundreds of thousands of dollars annually. The City supports amending the legislation so local real property tax credits are not provided unless the local government has approved of the credit. The City's third concern is that unlike the successful Enterprise Zone program which this bill uses as a model, as drafted SB 600 does not reimburse local governments for one-half of the property taxes that are not collected due to the program. The City requests amending the legislation to include the provision by which the State reimburses the local government for half of the property tax credits provided. 40  The City has been working with many stakeholders to improve the bill with the changes noted above, as well as minor changes that create better flexibility in d€sighing incentives for a specific area. We respectfully request your support for SB 600 with the amendments noted above. We look forward to working as equal partners with the University, the County, and other organizations to implement a successful RISE zone that benefits the State and our community. Sincerely, Andrew M. Fellows Mayor cc: Members of the Senate Budget and Taxation Committee 51 Members of the 21 District Councilman Eric Olson, Prince George's County Wallace D. Loh, President, University of Maryland College Park 2 41 14-G-24 42 Appointments to Boards and Committees 14-G-24 • Marcus Binion as the Pan Hellenic representative to the Neighborhood Stabilization Committee (pending receipt of his application) • Senator Jim Rosapepe as a Class 8 Director of the College Park City University Partnership 43 Information Report: Asian Fusion Special Entertainment Permit . . 44  MEMORANDUM TO: Mayor and City Council THROUGH: Joseph Nagro, City Manager FROM: Robert W. Ryan, Public Services Director DATE: February 21, 2014 SUBJECT: Entertainment License Application -Asian Fusion and Varsity Lounge Informational Report ISSUE The Mayor and Council have adopted the attached policy and procedure for consideration of applications for entertainment licenses as submitted to the Board of License Commissioners from establishments located within the City. An application from RRP, Inc., Ua Asian Fu- sion and Varsity Lounge, 8601 Baltimore Avenue, will be considered by the BOLC on Wednesday, 12. March 2014. SUMMARY An application for a Special Entertainment Permit has been submitted to the BOLC by Asian Fusion. A hearing for this has been scheduled for Wednesday, March 12, 2014. As required, a security plan has been submitted for PGPD police review. Police will provide recommen- dations for improving the submitted plans for the establishment. In the past, Police recom- mendations have included the use of ID scanners, TIPS training for door and server staff, and evacuation plans. A police representative will attend the hearing to present their rec- ommendations and recommend to the BOLC approval or denial of the application. The City has not yet been advised of final PGPD police review results and recommendations. As this establishment is located within the expanded UMPD concurrent jurisdiction they are being advised of the application and BOLC hearing. RECOMMENDATION The Director of Public Services will attend the BOLC hearing and, as appropriate, testify to the Council's policy. If we are notified that Police oppose the permit before the hearing, staff will request discussion of the item at the March 4, 2014 Council worksession. Staff will follow up with a letter as authorized by City policy if there is no cause to oppose the permit. If there is any reason identified at the hearing for the City to oppose this permit, further discussion will be scheduled at the first Council work session following the hearing. Attachments: (1) Notice of Public Hearing (2) Policy on Entertainment License 45  NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: That the following establishments have filed for a Special Entertainment Permit pursuant to Section 6-201 of Article 2B of the Annotated Code ofMaryland: t/a Ristorante Fratelli Class B, Beer, Wine and Liquor BCL, Inc. 5820 Landover Road Hyattsville, Maryland 20781 And t/a Asian Fusion and Varsity Lounge Class B(BH), Beer, Wine and Liquor RRP, Inc. 8601 Baltimore Avenue College Park, 20740 And t/a Sheraton Washington North Class B(BH), Beer, Wine and Liquor WDC Concession Partners, LLC 4095 Power Mill Road Beltsville, 20705 A Public Hearing will be held on: March 12,2014 7:00p.m. County Service Building 5012 Rhode Island Avenue Hearing Room 200 Hyattsville, Maryland 20781 Testimony either for or against the request will be accepted at the public hearing. Additional information can be obtained by contacting the Board's Office at 301-699- 2770. BOARD OF LICENSE COMMISSIONERS (LIQUOR CONTROL BOARD) Attest: Diane M. Bryant Administrative Assistant February 3, 2014 46 POLICY CONCERNING APPLICATIONS BY CITY ESTABLISHMENTS TO THE BOARD OF LICENSE COMMISSIONERS FOR PRINCE GEORGE'S COUNTY FOR AN ENTERTAINMENT LICENSE PURPOSE: The Board of License Commissioners for Prince George's County ("BOLC") considers applications for an entertainment license required by Section 6-201 of Article 2B of the Annotated Code of Maryland and BOLC Rule RR No. 75. The Mayor and City Council have been active in seeking to protect the public safety with respect to City establishments that apply for licenses issued by the BOLC. An entertainment license is part of that concern. This policy has been developed to provide a template for the City's review of applications for entertainment licenses. The requirements for the entertainment license, applicable when an establishment with a Class B liquor license seeks to provide live entertainment, include a security plan that has been provided to the Prince George's County Police Department (PGCPD") for review and comment. Further, although not required by the law, the University of Maryland Department of Public Safety ("UMPD") has indicated their intention to review security plans for establishments within their primary and concurrent jurisdiction. The Council has determined that said evaluations are central to a determination of whether an entertainment license should be granted. PROCEDURE 1. Mayor and Council shall be provided with a copy of any notice from the BOLC that an establishment within the City has applied for an entertainment license, or for the renewal of such a license. Mayor and Council shall also be provided with any BOLC notice with respect to a request by an establishment within the City that requests an exemption from or waiver of the entertainment license requirement. 2. Generally, the review and response to any request for issuance or renewal of an entertainment license, or for an exemption or waiver of such a license, will be handled by City staff and will not appear on the Council's agenda. 3. If the security plan provided as part of the entertainment license has been reviewed and approved by PGCPD, and UMPD when appropriate, then City staff shall provide a letter to the BOLC voicing no objection to the license, on the condition that it is in compliance with other applicable laws. 4. If City staff, after review, finds no issue with the exemption or waiver request, then City staff shall provide a letter to the BOLC voicing no objection to the license, on the condition that it is in compliance with other applicable laws. C:\Users\Jsmiller\Appdata\Loca!\Microsoft\Windows\Temporary Internet Files\Content.Outlook\JCL8LAF7\BOLC POLICY ENTERTAINMENT LICENSE APPLICATIONS.Docx 47