Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, December 9, 2014 9:52 – 10:32 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich, Day, Mitchell and Hew. ABSENT: None. ALSO PRESENT: Joe Nagro, City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bill Gardiner, Assistant City Manager; Terry Schum, Director of Planning; Bob Ryan, Director of Public Services; Miriam Bader, Planner; Cole Holocker, Student Liaison. Mayor Fellows opened the regular meeting at 9:52 p.m. following an earlier Worksession. Councilmember Wojahn led the Pledge of Allegiance. Minutes: A motion was made by Councilmember Dennis and seconded by Councilmember Mitchell to approve the minutes of the Special Session on November 18, 2014, the Public Hearing on November 25, 2014 on Charter Amendments 14-CR-02 and 14-CR-03, and the Regular Meeting on November 25, 2014. The motion passed 8 – 0 – 0. Announcements: Councilmember Kabir said the North College Park Civic Association would hold their final meeting of the year on Thursday at Davis Hall, the Winter Coat drive is ending this week, the Hollywood Farmers Market will have a Holiday Market on Saturday, December 20. Councilmember Wojahn said Breakfast with Santa will be held Saturday at 10:00 a.m. at the College Park Community Library and the College Park Community Foundation will hold their winter gala on Saturday. Councilmember Brennan said the Berwyn District Civic Association would hold their holiday party on Saturday at Fealy Hall. Councilmember Dennis said the Lakeland Civic Association would hold their monthly meeting on Thursday at the College Park Community Center. In the last 10 days in Lakeland, the ATHA Walking Tour signs have gone up, and the neighborhood decorated their community Christmas tree and the lights are on. Councilmember Stullich announced the Calvert Hills Citizens Association would hold their annual tree lighting at the intersection of Amherst and Dartmouth on Saturday at 5:00 p.m. Councilmember Mitchell commented on the College Park Meals on Wheels luncheon she attended today. College Park City Council Meeting Minutes December 9, 2014 Page 2 Proclamations: The proclamation for County Council Member Eric Olson was presented earlier at the Worksession. Amendments to the Agenda: None. City Manager’s Report: Mr. Nagro’s report was given during the Worksession. Student Liaison’s Report: Mr. Holocker said the Maryland football team will participate in the Foster Farms Bowl in San Francisco, the Facilities Council approved funding for a consultant to study remediation for the Campus Creek, he encouraged viewer support of the City coat drive, final exams begin next week, students will be leaving for winter break and he urged full time residents to keep an eye on rental homes that are vacant. Security measures for renters were discussed. Comments from the Audience on Non-Agenda items: Jack Robson, 4710 Harvard Road: The Post Office on Calvert Road has had a broken door for a long time; can the City contact the north College Park Post Office requesting repair? CONSENT AGENDA: A motion was made by Councilmember Dennis and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of the following items: 14-R-36 Resolution Of The Mayor And Council Of The City Of College Park, Maryland Adopting The Recommendation Of The Advisory Planning Commission Regarding Appeal Number CEO-2014-05, 4801 Hollywood Road, College Park, Maryland, Approving A Variance From The Requirements Of City Code §87-23B To Permit The Construction Of A Fence In The Front Yard And Recommending Approval Of Variances From The Requirements Of City Code §87-23C Requiring A 25-Foot Side Yard Setback, Where The Side Lot Line Is A Continuation Of The Front Yard Line Of The Adjacent Lot. 14-G-129 Approval of the 2015 Mayor and Council meeting schedule 14-G-132 Approval of administrative leave for City employees for Friday, December 26, 2014 The motion passed 8 – 0 – 0. College Park City Council Meeting Minutes December 9, 2014 Page 3 ACTION ITEMS 14-G-123 Approval, With Conditions, of the Preliminary Plan and Detailed Site Plan for The Hotel at the University of Maryland and approval of an Agreement with University of Maryland College Park Foundation, Inc. A motion was made by Councilmember Stullich and seconded by Councilmember Day that the City Council recommend approval of Preliminary Plan of Subdivision 4-14009 and Detailed Site Plan 14022 for The Hotel at the University of Maryland subject to the Execution of an Agreement between the applicant and the City of College Park in substantially the form attached, and the following conditions: On the Preliminary Plan of Subdivision: 1. Prior to the issuance of a grading permit for any land disturbance in the landfill areas, written approval shall be obtained from the US Environmental Protection Agency with a copy provided to the City of College Park. 2. Prior to recordation of the final plat, the preliminary plan shall be revised to allow a public pedestrian access easement along all or part of the Route 1 frontage that will be conveyed to the University of Maryland and recorded in the Prince George’s County Land Records. A copy of the draft public pedestrian easement shall be submitted to the City of College Park prior to approval of the final plat. 3. Prior to the issuance of a Use and Occupancy permit, demonstrate approval by Prince George’s County Department of Public Works and Transportation and the State Highway Administration of a full-movement traffic signal at Paint Branch Parkway and Greenhouse Road or other improvements at this intersection that show transportation adequacy. A right-in, right-out intersection shall be the minimum acceptable improvement. The existing slip road at Greenhouse Road shall be eliminated and proposed geometric improvements at this intersection shall be submitted to the City of College Park prior to approval. 4. The City would prefer to have a concrete sidewalk and street trees installed as part of the off-site improvements required under Section 24-124.01 of the Subdivision Regulations, adequate pedestrian and bikeway facilities along the east side of Greenhouse Road, but the City understands the University of Maryland will construct these improvements as soon as feasible in the build-out of the Innovation District. On the Detailed Site Plan: 1. Approval of alternative development district standards for the modifications requested by the applicant, with the exception of: a. Bicycle parking at one space per three vehicular parking spaces (to provide 130 bicycle parking spaces instead of the required 269 spaces). b. Sign requirements prohibiting free standing signs and panelized back lighting and box lighting-type design (to allow one freestanding sign on Route 1, three building mounted logo signs and two building mounted electronic message signs). College Park City Council Meeting Minutes December 9, 2014 Page 4 c. Maximum height limit of 6 stories (to allow a 13-story building) unless compliance is demonstrated with Federal Aviation Regulations (FAR) Part 77 and/or the Annotated Code of Maryland (COMAR) 11.03.05 so that the building does not constitute a hazard to air navigation at or near the College Park Airport. 2. Prior to building permit, the Applicant shall provide a letter to the City of College Park from the Maryland Aviation Administration (MAA) and/or the Federal Aviation Administration (FAA) that demonstrates compliance with Zoning Ordinance Section 27- 548.42 (Height Requirements) or obtain a variance in compliance with COMAR 11.03.05.06 with a finding that the height does not endanger the public health, safety and welfare, or revise the site plan to lower the height of the building to be compliant. 3. Prior to certification, the Applicant shall revise the sign plan to: a. Eliminate the freestanding sign from Route 1 or relocate it to the circular drive on Hotel Drive South. b. Eliminate all electronic message center signs on the building facades. An electronic message center sign could be considered as part of a freestanding sign on Hotel Drive South if this sign is relocated from Route 1. c. Eliminate the Southern Management logo signs from the upper stories of the south and west elevations. Consideration could be given to relocating these signs to the ground floor level. 4. Prior to certification, revise the Site Plan to: a. Provide a sidewalk between the parking garage and on-site parking spaces at the South Hotel Drive entrance to allow pedestrian access from the street. b. Provide a location for a bike share station to accommodate a minimum of 11 docks and 6 bikes. c. Provide an additional 89 bicycle parking spaces or 1 space per 3 vehicular parking spaces as computed under the shared parking formula. Councilmember Stullich commented that the Preliminary Plan of Subdivision for The Hotel at the UMD is scheduled to be heard by the Prince George’s County Planning Board on December 11, 2014 and the Detailed Site Plan will be heard on December 18, 2014. The County technical staff reports are now available and recommend approval with conditions. The purpose of the subdivision is to create a separate 3 1/4-acre parcel from the larger 43-acre parcel formerly known as East Campus which is now being planned as an innovation district of the University of Maryland. This parcel will be sold to the University of Maryland Foundation and leased to the Southern Management Corporation for the construction of a 13-story (161-feet tall), 295-room hotel with approximately 405,000 square feet of gross floor area including retail, hotel and conference center uses and an 8-story, 806-car parking garage. The City would like to see enhancements to the proposed private streets that will serve the hotel as well as improvements to the pedestrian and bicycle infrastructure providing access from the Metro Station and proposed Purple Line Station. The University of Maryland has indicated their willingness to provide marked pedestrian access from Paint Branch Parkway through the surface parking lot to South Hotel Drive and to provide a more complete street network within the Innovation District in the College Park City Council Meeting Minutes December 9, 2014 Page 5 future. One of the City’s most important concerns with this project is the potential impact it could have on the College Park Airport, which is the oldest continuously operating airport in the world. It is very important to our community that the airport continues to function well, so ensuring that the height of the building does not pose any safety risks or hazards is one of the conditions. Comments from the audience: Jack Robson, 4710 Harvard Road: The University is building a Bioengineering building on campus which was declared a hazard by FAA and MAA. At that Planning Board hearing, Ms. Hewitt asked why heights are a problem, and the explanation they got from the University’s attorney did not make sense to the pilots. He plans to attend the Planning Board hearing (not representing the City) and will try to explain why the height can be problematic for pilots. The motion passed 8 – 0 – 0. 14-G-130 Feasibility Study for North County Animal Services Facility A motion was made by Councilmember Wojahn and seconded by Councilmember Brennan to authorize City staff to transfer funds, as budgeted for FY ’15, to Prince George’s County for the purpose of funding a north county Animal Services Facility feasibility study in an amount not to exceed $25,000, and to support recommendations contained in the City staff report for revisions to the scope of work, and to authorize staff to prepare a letter for the City manager’s signature to convey those recommended revisions. Councilmember Wojahn said the Prince George’s County Department of the Environment invited feedback on the proposed scope-of-work for the feasibility study and staff has recommended revisions which we now want to convey, along with our contribution toward the feasibility study. Many residents want to ensure the welfare of animals in our City and the County is lacking in resources to care for our animals. This could be an innovative and exiting way to address this need. The motion passed 8 – 0 – 0. 14-G-131 Support for application for a Historic Area Work Permit for demolition of Sigma Chi fraternity house at 4600 Norwich Road, subject to conditions A motion was made by Councilmember Stullich and seconded by Councilmember Day to authorize staff to prepare a letter for the Mayor’s signature to the Prince George’s County Historic Preservation Commission expressing support for the application for a Historic Area Work Permit for the demolition of the Sigma Chi Fraternity House, located at 4600 Norwich Road, subject to the following conditions. Staff is authorized to sign the letter on behalf of the Mayor: College Park City Council Meeting Minutes December 9, 2014 Page 6 1. The design and construction of new structures on the site must be compatible with the historic character of the neighborhood with respect to massing, scale, craftsmanship, design, materials and site planning; and that they must be reviewed by the City of College Park, Local Advisory Committee and Old Town Civic Association. 2. The applicant will mitigate the demolition through appropriate signage about the history of the structure, and by contributing to the County Historic Preservation Grant Fund with that contribution earmarked for historic properties in College Park. 3. The applicant will consult with the City of College Park on planning for the design and use for any new construction on the site. 4. If the property passes out of the hands of the University of Maryland Foundation and becomes owned by the University of Maryland, the University of Maryland agrees to a PILOT (Payment In Lieu of Taxes) so the City does not suffer a property tax revenue loss. 5. The Applicant will replace the demolished structure with grass and will maintain that grass in good condition, with the understanding that the current parking area may remain as parking. Councilmember Stullich said it is not lightly that we support demolition of a historic contributing property in the local historic district but the property is particularly compromised and damaged and the community needs to have it reused in a way that is a positive contribution to the neighborhood. The University is to be thanked for their role in trying to facilitate a good solution for this property. Comments from the audience: Carlo Colella, University of Maryland: They are pleased to accept the conditions offered on this motion. The motion carried 8 – 0 – 0. 14-G-133 Appointments to Boards and Committees: A motion was made by Councilmember Kabir and seconded by Councilmember Mitchell to appoint Maxine Gross to the College Park City University Partnership for a 3-year term; James Sauer to the Ethics Commission; Matt Dernoga to the Committee for a Better Environment; and to reappoint Carolyn Bernache and Doris Ellis to the Education Advisory Committee. The motion passed 8 – 0 – 0. College Park City Council Meeting Minutes December 9, 2014 Page 7 14-G-134 Letter of support for PG-416-15: Authority to impose fees for use of disposable bags A motion was made by Councilmember Wojahn and seconded by Councilmember Mitchell to send a letter in support of PG-416-15 Authority to impose fees for use of disposable bags, and to authorize staff to sign the letter for the Mayor. Councilmember Wojahn said the Council has supported this bill when it has come up in past years and would provide the Prince George’s County Council with the ability to impose a fee for disposable bags. There were no comments from the audience or from the Council. The motion passed 8 – 0 – 0. COUNCIL COMMENTS: None. COMMENTS FROM THE AUDIENCE: None. ADJOURN: Mayor Fellows adjourned the Council Meeting at 10:32 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 7:04 p.m. on December 9, 2014, in the Council Chambers of City Hall, a motion was made by Councilmember Wojahn and seconded by Councilmember Mitchell to enter into a Closed Session to “Consider the acquisition or sale of real property for a public purpose and matters directly related to such acquisition or sale” and “To consult with counsel on a legal matter.” The motion passed 8 – 0 – 0. Present: Mayor Andrew Fellows; Councilmembers Wojahn, Kabir, Brennan, Dennis, Stullich, Day, Hew and Mitchell. Absent: None. Also Present: Joe Nagro, City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bill Gardiner, Assistant City Manager; Steve Groh, Director of Finance; Leo Thomas, College Park City Council Meeting Minutes December 9, 2014 Page 8 Deputy Director of Finance; Terry Schum, Director of Planning; Bob Ryan, Director of Public Services; Cole Holocker, Student Liaison. Topics Discussed: 1) A potential site for City Hall and, 2) a request by a City-appointed board. Actions Taken: None. Adjourn: A motion was made by Councilmember Mitchell and seconded by Councilmember Wojahn to adjourn the Closed Session, and with a vote of 8 – 0 – 0, Mayor Fellows adjourned the Closed Session at 7:49 p.m.