Mayor & City Council

MONDAY, DECEMBER 7, 2015 CITY OF COLLEGE PARK COUNCIL CHAMBERS REGULAR MEETING OF THE MAYOR AND COUNCIL and INAUGURATION OF THE 2015 - 2017 MAYOR AND COUNCIL 7:30 P.M. INVOCATION: Imam Tarif Shraim SALUTE TO THE FLAG: Led by Mayor Andrew M. Fellows ROLL CALL MINUTES: October 27, 2015 Public Hearing on Permit Parking in the 5200 block of Mineola Road; November 24, 2015 Public Hearing on Permit Parking in the 5100 block of Mineola Road; November 24, 2015 Public Hearing on Ordinance 15-O-05; November 24, 2015 Regular Meeting; December 1, 2015 Special Session; and confidential minutes of November 17, 2015 Closed Session. ANNOUNCEMENTS ACKNOWLEDGMENT OF DIGNITARIES CONSENT AGENDA 15-R-29 Adoption of 15-R-29, the final Resolution in CEO-2015-02 (Cruz Motion By: Development Corporation) reversing the recommendation of the APC To: Adopt Aye: ______ No: ______ Other: ______ 15-G-138 Appointments to Boards and Committees COMMENTS FROM THE AUDIENCE PRESENTATIONS  Mayor Fellows: o Councilmember Alan Hew o Councilmember Denise Mitchell  Mayor-elect Wojahn: o Mayor Fellows 001 REMARKS FROM OUTGOING COUNCILMEMBERS:  Councilmember Alan Hew  Councilmember Denise Mitchell REMARKS FROM MAYOR ANDREW M. FELLOWS ADJOURN THE 2013 – 2015 MAYOR AND COUNCIL SWEARING-IN OF MAYOR PATRICK L. WOJAHN: The Honorable Sydney Harrison, Clerk of the Circuit Court SWEARING-IN OF THE 2015 – 2017 CITY COUNCIL: Mayor Patrick L. Wojahn ROLL CALL APPOINTMENT OF THE MAYOR PRO TEM: Mayor Patrick L. Wojahn ACTION ITEMS 15-G-140 Approval of 2016 Council Meeting Schedule Motion by: To: Approve Second: Aye: _____ Nay: _____ Other: _____ REMARKS FROM INCOMING COUNCILMEMBERS  Councilmember Christine Nagle  Councilmember Mary C. Cook  Councilmember Dustyn Kujawa ADDRESS: Mayor Patrick L. Wojahn BENEDICTION: Imam Tarif Shraim ADJOURN The Public Is Invited To Attend A Reception Immediately Following The Meeting 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. 002 MINUTES 003  MINUTES Public Hearing of the College Park City Council Proposal to Implement Residential Permit Restricted Parking in the 5200 block of Mineola Road Tuesday, October 27, 2015 7:00 p.m. – 7:32 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, and Stullich. Councilmember Day arrived at 7:28 p.m. and Councilmember Mitchell arrived at 7:29 p.m. ABSENT: Councilmember Hew. ALSO PRESENT: Bill Gardiner, Acting City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Jim Miller, Parking Enforcement Manager; Cole Holocker, Student Liaison; Adler Pruitt, Deputy Student Liaison. Mayor Fellows opened the Public Hearing at 7:00 p.m. and invited Mr. Ryan to provide an overview. Mr. Ryan reviewed the results of the parking survey: average number of cars in both the 5100 and 5200 blocks of Mineola Road: morning – 42, midday – 28 and evening – 48. Total capacity is 55 cars on both blocks. People are allowed to park in front of their own driveway. The two blocks seem to be at capacity at certain times. Parking staff is not available to survey after 10 p.m. or on Sundays. Mayor Fellows invited public comment: Arelis A. Pérez, 5101 Mineola Road: She is in support of permit parking but believes it should encompass both blocks (5100-5200) of Mineola Road and should cover 10 p.m. to 6 a.m. She parks on the street so that her driveway is available for her guests. Vickey Bennett, 5103 Mineola Road: She would only support this if it covers both the 5100- 5200 blocks of Mineola Road. Otherwise, overflow from the 5200 block would just extend down to the 5100 side. Davis Zubres, 5210 Mineola Road: One of the main problems is that there are two rental houses; 8 people in one and 6 in the other, and most have cars. The problem is inconsistent: on some days there is no one there. Eva Choper, 5213 Mineola Road: If this does not pass, what is your solution? Resident owners will get frustrated and leave, turning more homes into rentals, creating a domino effect. What are Councilmembers objecting to? Brian Choper, 5213 Mineola Road: Residents support this action and need to feel that the Council is on top of these problems. The neighborhood is tired of inaction and delay. Jose Ventura, 5207 Mineola Road: He has to park in front of his driveway when he comes home late at night because there are no other spaces. At 11:00 p.m. on a recent night, he counted 55 cars. 004 College Park City Council Public Hearing Minutes October 27, 2015 Page 2 Daniel Lanterman, 5113 Mineola Road: He thinks the parking situation has improved since the first of the year. He thinks parking is mostly a problem late at night because a couple of homes have additional cars – it is not rentals or metro parking. If parking restrictions are necessary, he recommends that it only be imposed at night. Christine Nagle, 9506 52nd Avenue: This block should be looked at as one block encompassing both 5100 – 5200, not as separate blocks. She urges Council to act tonight and not delay. Derrin Sharp, 5106 Mineola Road: He hopes the Council will impose restrictions in the 5100 block of Mineola as well. The majority of time parking has not been an issue but some houses have as many as 8 cars at night. ADJOURN: There being no further public comment, Mayor Fellows closed the Public Hearing at 7:32 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved 005  MINUTES Special Session of the College Park City Council Tuesday, December 1, 2015 Council Chambers 9:57 p.m. – 10:01 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich, Day, Hew and Mitchell. ABSENT: None. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Cole Holocker, Student Liaison; Adler Pruitt, Deputy Student Liaison; Councilmembers-elect Cook, Kujawa and Nagle. During a regularly scheduled Worksession of the College Park City Council, a motion was made by Councilmember Stullich and seconded by Councilmember Dennis to enter into a Special Session. The possibility of a Special Session was listed on the Worksession Agenda. With a vote of 8 – 0 – 0, the Council entered into a Special Session at 9:57 p.m. ACTION ITEMS 15-G-136 Establish a temporary workgroup to study and recommend comments on the GSA’s Draft Environmental Impact Statement for Greenbelt Station. A motion was made by Councilmember Kabir and seconded by Councilmember Wojahn to create a temporary workgroup to study the GSA’s draft Environmental Impact Statement and recommend comments to Council at the January 5 Worksession. The workgroup will consist of Councilmember Kabir, Councilmembers-elect Cook and Nagle, Mayor- elect Wojahn, Planning Director Terry Schum and resident John Krouse. They will report to Council at the Worksession on January 5, 2016 at which time Council will enter into Special Session to adopt a position. Written comments are due January 6, 2016. The motion passed 7 – 0 – 0. (Councilmember Brennan said he would not participate in this discussion or vote because he works for GSA.) 15-G-137 Approval of a Lease Agreement with UMCPF Property IV-A, LLC for parking operations at the former Little Tavern lot. A motion was made by Councilmember Wojahn and seconded by Councilmember Day to approve a lease agreement (in substantially the form as provided in the red folders) with UMCPF Property IV-A, LLC to enforce parking restrictions at the parking lot at the corner of US 1 and Lehigh Road (former Little Tavern site). There were no comments from the audience or from the Council. 006 College Park City Council December 1, 2015 Special Session Minutes Page 2 The motion passed 8 – 0 - 0 ADJOURN: A motion was made by Councilmember Kabir and seconded by Councilmember Day to adjourn from the Special Session, and with a vote of 8 – 0 – 0, Mayor Fellows adjourned at 10:01 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved 007  MINUTES Public Hearing of the College Park City Council Proposal to Implement Residential Permit Restricted Parking in the 5100 block of Mineola Road and Ordinance 15-O-05 Proposed FY 2016 Budget Amendment #1 Tuesday, November 24, 2015 7:00 p.m. – 7:21 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Dennis, Day (arrived 7:17 p.m.), Hew, and Mitchell. ABSENT: Councilmembers Stullich and Brennan ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Yvette Allen, Assistant City Clerk; Bob Ryan, Director of Public Services; Jim Miller, Parking Enforcement Manager; Steve Groh, Finance Director; Councilmembers-elect Mary Cook and Christine Nagle; Cole Holocker, Student Liaison; Adler Pruitt, Deputy Student Liaison. 1. PUBLIC HEARING ON PROPOSAL FOR PERMIT PARKING IN THE 5100 BLOCK OF MINEOLA ROAD Mayor Fellows opened the Public Hearing at 7:00 p.m. and invited Mr. Ryan to provide an overview. Mr. Ryan stated that the 5100 block of Mineola would be issued three parking permits per household and two visitor passes per household. Mayor Fellows invited public comment and began by reading two emails received: Brian Choper, who wrote in support of the proposal, and Chris Wilson, who stated that ticket revenues should pay for the permit, not the residents. Mr. Daniel Lamberton, 5113 Mineola Road: Spoke of the difficulty of parking because of the renters in several houses and the number of cars they have. Ms. Anne Stebbing, 5202 Mineola Road: Stated that parking during the day is fine, it is evening parking and weekend parking that is difficult. She also discussed the various parties the rental houses have and all of their guests. She also wanted to know why the 5200 block received two parking permits per household, but the 5100 block would receive three parking permits per household if approved? Ms. Vickey Bennett, 5103 Mineola Road: Opposed the 5200 block permits a month ago and opposes this permit also, however, if the proposal is approved, both blocks should have the same number of permits. Mr. Derrin Sharp 5106 Mineola Road: Stated that three or more houses have seven cars. Enforcement and penalties need to be consistent. Vehicles with permits need to have registrations showing addresses on Mineola Road. 008 College Park City Council Public Hearing Minutes November 24, 2015 Page 2 Ms. Eva Choper, 5213 Mineola: Mrs. Choper’s son could not attend the meeting tonight. She read a letter from her son. Her son supports the proposal with the same parking parameters as the 5200 block and also mentioned the extreme congestion on the street. 2. ORDINANCE 15-O-05 Mr. Steve Groh, Finance Director stated that our auditors have changed the financial statement treatment of our purchase of prior service credit in the Maryland State Retirement Plan (MSRP) by booking the full amount of the purchase in fiscal year 2015. This change does not affect the financial condition of the City; it is simply an accounting adjustment to the statement of revenues and expenditures to comply with generally accepted accounting principles (GAAP). As the full amount of the purchase was booked in the fiscal year 2015 financial statements, it is not necessary for us to budget $250,000 each in fiscal years 2016 and later for repayment to the General Fund. The revised FY2016 budget amendment #1 does not change the -0- use of unassigned reserve. It amends the FY2016 budget to: Eliminate the FY2016 budgeted expenditure of $250,000 for repayment to the General Fund for the MSRP prior service credit purchase, to provide $7,000 for University of Maryland program contributions to cover the Council-approved contribution to the IFC tailgates, to provide $15,000 for the Council-approved rental of voting machines for the November 3rd elections, and to provide $228,000 in additional funding for the City Hall Expansion (C.I.P. project 041003) to cover design and construction of a new City Hall. The City Hall project funding will ultimately reduce the amount the City has to borrow for a new City Hall. The ordinance would increase the current unassigned reserve balance from 17.7% to 29.4% of the FY 2016 expenditure budget. No audience testimony was given. Mayor Fellows declared the Public Hearing closed at 7:20 p.m. 009  MINUTES Regular Meeting of the College Park City Council Tuesday, November 24, 2015 Council Chambers 7:30 p.m. – 9:11 p.m. PRESENT: Mayor Fellows; Councilmembers Kabir, Wojahn, Dennis, Stullich (arrived at 7:35 p.m.), Day, Hew and Mitchell. ABSENT: Councilmember Brennan. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Yvette Allen, City Clerk; Suellen Ferguson, City Attorney; Steve Groh, Director of Finance; Bob Ryan, Director of Public Services Jim Miller, Parking Enforcement Manager; Steve Groh, Finance Director; Councilmembers-elect Mary Cook and Christine Nagle; Cole Holocker, Student Liaison; Adler Pruitt, Deputy Student Liaison. Mayor Fellows opened the Regular Meeting at 7:30 p.m. Councilmember Day led the Pledge of Allegiance. Minutes: A motion was made by Councilmember Dennis and seconded by Councilmember Day to adopt the minutes of the November 10, 2015 Regular Meeting; November 10, 2015 Public Hearings on Charter Amendment 15-CR-01 and Ordinance 15-O-06. The motion passed 6 – 0 – 0. Announcements: Councilmember Dennis stated that the Martin Luther King celebration would be held on January 16, 2016 at the Claire Smith Theater on the campus of the University of Maryland. Councilmember Wojahn invited everyone to attend the next “Live Smart Eat Local” event on December 16, 2016 at 7:00 p.m. at Mamma Lucia’s by the Shoppers Food Warehouse. The VIP in attendance would be Mr. Scott Somers. Councilmember Kabir reminded everyone of the Winter Coat Drive which concludes tomorrow, November 25, 2015. Boxes are located at City Hall, Davis Hall, Youth & Family Services and Department of Public Works. Amendments to the Agenda: None City Manager’s Report: Mr. Somers reminded everyone that all City buildings would be closed on Thursday, November 26 and Friday, November 27 for Thanksgiving. November 30 is the College Park Legislative Dinner at the College Park Golf Course Clubhouse. The College Park Community Foundation will host an event on December 5 from 6:00 pm -11:00 p.m. The cost is $50 per person and RSVPs are needed. 010 College Park City Council Meeting Minutes November 24, 2015 Page 2 Student Liaison’s Report: Mr. Holocker stated that there will be an increase in security at all University of Maryland athletic events. All students are required to take an online course on sexual assault training and compliance. Comments From The Audience on Non-Agenda Items: None CONSENT AGENDA: A motion was made by Councilmember Dennis and seconded by Councilmember Wojahn to adopt the Consent Agenda, which consisted of the following items: 15-G-129 Award of FY ’16 Fire Department Grants as follows: College Park Volunteer Fire Department, Inc., $17,500 to apply toward purchase of CPVFD-owned and controlled ladder truck, estimated to cost $900,000; Branchville Volunteer Fire Company & Rescue Squad, Inc., $17,500 to apply toward purchase of new 2016 ambulance; Berwyn Heights Volunteer Fire Department & Rescue Squad, Inc., $17,500 to use to supplement a deposit on a new rescue squad vehicle, estimated to cost $900,000- 1,000,000. The FY2016 adopted budget provides $52,500 in funding in C.I.P. project 012006, account 25-40 for these capital equipment grants. 15-G-130 Award of FY ’16 Community Services Grants in the amount of $2,500 each to the following recipients: The National Museum of Language, Inc. for Language camp, social media manager; Lakeland Community Heritage Project for Lakeland Heritage weekend; American Legion Auxiliary, College Park Unit 217 for Scholarships for Miss College Park pageant participants; Pregnancy Aid Centers, Inc. for their food pantry program; College Park Woods Swim Club for Senior day camp; Embry Center for Family Life for Lakeland All-Stars basketball program; and College Park Church of the Nazarene for the College Park community library, for a total of $ 17,500. 15-G-131 Authorization for Corvias Solutions and Prince George’s County to proceed with planning stormwater management projects in the City at locations to be determined with further consultation with the City. 15-R-25 A Resolution Of The Mayor And Council Of The City Of College Park, Maryland Amending Resolutions 97-R-17, 99-R-4 And 10-R-13 To Clarify The Purpose Of The Education Advisory Committee And Change Meeting Requirements. 15-R-26 A Resolution Of The Mayor And Council Of The City Of College Park, Maryland Amending Resolutions 07-R-17 And 10-R-20 To Clarify The Purpose Of The Animal Welfare Committee. 15-R-27 A Resolution Of The Mayor And Council Of The City Of College Park, Maryland, Amending The Charter For The Veterans Memorial Improvement Committee To Change The Name Of The Committee And Specify The Types Of Flags To Be Flown. 011 College Park City Council Meeting Minutes November 24, 2015 Page 3 15-R-28 A City Policy Regarding Fundraising and Funds Held For City-appointed Authorities, Boards, Commissions and Committees, Or For Outside Entities. The motion passed 7 – 0 – 0. ACTION ITEMS: 15-G-121 Council Action on Residential Permit Restricted Parking in the 5100 block of Mineola Road A motion was made by Councilmember Kabir and seconded by Councilmember Mitchell to approve residential permit restricted parking in the 5100 block of Mineola Road with three parking permits per house, 24/7 enforcement, and two visitors permits per house. Due to the earlier public hearing, no audience comments were taken. A motion was made by Councilmember Wojahn and seconded by Councilmember Stullich to amend the motion to have a consistent number of permits (3 permits) in both the 5200 and 5100 block of Mineola Road. Mr. Miller reviewed the same information presented to Council at the October meeting which included results of the parking survey: There are about 30 available parking spaces in the 5200 block and 24 spaces in the 5100 block of Mineola Road. Many homes do have a driveway and parking is permitted in front of the driveway by the owner of the residence. The two blocks seem to be at capacity at certain times. If all parking permits (not including visitor passes) are sold, we would over sell the amount of parking that is feasible and would push parking in to the next block which will potentially cause more parking issues. There was a discussion between Council and staff regarding vehicle size, parking spot size, how people park, the survey completed by parking enforcement staff, the outcome from the public hearing regarding the 5200 block of Mineola Road, overselling of parking permits, parking spillover to other streets, hours of enforcement and why one block is getting a different number of permits than the other. Councilmember Wojahn said many houses have three cars and they won’t be allowed to park their own cars on the block if we only allow 2 permits per household. The number should be consistent on both blocks. There was no audience comment on this amendment. Councilmember Hew wondered if a different number of permits could be issued for houses that have driveways and those that do not. Mr. Ryan said it could be done. This amendment failed: 1 – 5 - 1 (Kabir, Dennis, Day, Hew and Mitchell opposed; Stullich abstained). 012 College Park City Council Meeting Minutes November 24, 2015 Page 4 A motion was made by Councilmember Kabir and seconded by Councilmember Mitchell to amend his original motion to issue two parking permits per house, 24/7 enforcement, and two visitor permits per house. There were no comments from the audience on this amendment. Councilmember Wojahn commented that the parking permit proposal is going in the wrong direction and the parking issue as a whole needs further study. Many of these residents have more than two cars. This amendment passed 5 – 2 - 0. The amended motion passed 6 – 0 – 1 (Councilmember Wojahn abstained). 15-G-132 Approval of City Comments on DSP 1113045 for Greenbelt Station South Core Phase III A motion was made by Councilmember Wojahn and seconded Councilmember Hew to request the following conditions from the Prince George’s County Planning Board for Detailed Site Plan 13045, the South Core of Greenbelt Station, Phase III: 1. Prior to certificate approval of the Detailed Site Plan, revise the site plan to relocate the pedestrian overpass to the area shown as Alignment 2 in the City of College Park Pedestrian Overpass Feasibility Study (copy attached). a. Remove townhomes on lots 34, 35, 40 and 41. b. Prior to certificate approval of the DSP, delineate a proposed easement area for said overpass location that does not detrimentally affect Greenbelt Station. Dedicate a 50-foot Public Use Easement to accommodate a 12-foot wide trail and 16-foot wide bridge per AASHTO Guidelines. If the site plan is revised at or before the Planning Board hearing, accommodation for the pedestrian overpass may be made in the vicinity of the location named above particularly to respond to green space that may be added. 2. Prior to certificate approval of the DSP, the applicant shall provide a determination from a certified sound engineer that indicates whether exterior reflective noise from the proposed sound wall will have a perceptible impact to residences in the 5200 block of Huron Street and the 9300 and 9400 block of 51st Avenue in North College Park. If there is such an impact, the applicant shall revise the DSP to include measures such as an absorptive material or coating in order to mitigate reflective noise. a. The absorptive material or coating shall have a Noise Reduction Coefficient (NRC) of 0.70 or greater. b. The absorptive material or coating shall be used for the entirety of the west side of the wall facing the railroad tracks. 013 College Park City Council Meeting Minutes November 24, 2015 Page 5 3. Prior to certificate approval of the Detailed Site Plan, provide the City of College Park with broker information regarding the retail listing and promotional material. 4. Subsequent to the determination that Lot 116 is to be retail or a public park and prior to the issuance of a building permit for Lot 116, a DSP revision shall be required to address site layout and building details. Councilmember Wojahn stated that the project is located entirely within the City of Greenbelt and is subject to a Development Agreement between the City of Greenbelt and the Applicant, as well as revised conditions of approval related to the Conceptual Site Plan. The District Council resolution for CSP-01008-02 states that the “general location of the College Park pedestrian overpass shall be on the west side of the railroad south of the city’s Public Works facility on industrial-zoned property west of the tracks…” An independent study by the City examined opportunities for construction of the pedestrian overpass and found only one feasible location that conformed with the condition. No design, approvals or construction funding is currently provided for the bridge or required of the applicant. The overall density of the project and related traffic impacts are in conformance with previous Conceptual Site Plan and Preliminary Plan conditions limiting total development to 900 residences and 180,000 square feet of retail or different uses generating no more than 1,645 total peak hour trips. The total am and pm peak- hour trips generated by this project are 242 trips. Previously approved development for the South Core generates a total of 851 peak hour trips for a total of 1,093 trips generated by the build out of the South Core. This is below the total trip cap maximum of 1,645 trips that can be generated based on the transportation improvements that are required and under construction. As proposed, Greenbelt Station with provide 805 residences or 95 residences below the approval threshold. The retail square footage may be reduced or eliminated. The reduction in the number of housing units has consequently reduced the number of trips to be generated. If the retail space is reduced or eliminated, the trip generation will be lowered even more. Based on city staff discussions with HUSH Acoustics LLC, noise consultants for the project, the impacts of reflective noise from the proposed sound wall on nearby residences should be negligible due to the distance of the nearest homes to the railroad tracks. Use of an absorptive coating or material for the sound wall could be implemented if a negative impact is determined to mitigate this concern. Terry Schum commented that 1B should be deleted as it conflicts with 1A. Mayor Fellows invited audience comments: Ms. Mary Cook, 4705 Kiernan Road, President of North College Park Civic Association: Ms. Cook read the letter from the North College Park Civic Association (copy attached to packet). Their civic association would like to have the pedestrian bridge completely removed and oppose tax monies to be used for it. If the pedestrian bridge is to remain, the location must be changed. The residents also want the sound barrier to be designed of materials that will absorb the sound, not reflect the sound. Ms. Christine Nagle, 9506 52nd Avenue: The noise study is concerning and she is especially concerned with the amount of noise and requested that we go back to the original motion or language that was suggested by the North College Park 014 College Park City Council Meeting Minutes November 24, 2015 Page 6 Ms. Mary Cook, 4705 Kiernan Road: Concurs with Ms. Nagle’s comments. She also mentioned that the density of the project is directly related to the amount of traffic. Mr. Shroder, 4909 Muskogee Street: Commented on the storm water provision of the prior developer. He thinks the pedestrian bridge will be good for College Park. A motion was made by Councilmember Kabir and seconded by Councilmember Mitchell to make an amendment to add a comment to the motion: “While the current number of proposed units meets the trip cap established for South Core, we are concerned about changes to and increases in traffic circulation in College Park as a result of the project. The City asks for consideration in reducing the density of units in the development, in order to add more green space within the development and reduce overall trip count through the development, subsequently reducing traffic impacts on MD-193 and Rhode Island Avenue in College Park.” Councilmember Kabir stated that once the proposed Greenbelt Parkway is built connecting the north and south core developments, and the proposed FBI development takes place in north core, the trip count through the development from MD-193 to the beltway is expected to rise significantly. Comments from the audience on the amendment: Mr. Norman Rivera, attorney for the applicant, Woodlawn Development: gave a history of the project and stated that they are in agreement with Conditions 2 – 4 but requested that Condition #1 be deleted. The amendment to the motion passed 7 – 0 - 0. A motion was made by Councilmember Kabir and seconded by Councilmember Mitchell to table motion 15-G-132 until January 5 at which time the City will be able to obtain input from the City of Greenbelt and obtain more information concerning a noise study. The motion to table to January 5 passed 7 – 0 - 0. Councilmember Hew requested that bicycle lanes on the bridge and in the vicinity of the bridge be addressed. 15-G-134 Approval of a letter with City comments to the Prince George’s County Board of License Commissioners for their December 2 show-cause hearing on the September 26, 2015 incident at the Backyard Sports Grill A motion was made by Councilmember Day adopt a letter to the Board of License Commissioners for Prince George’s County (“BOLC”), in substantially the form attached, to present the City’s position with respect to the Show Cause Hearing to be held by the BOLC concerning an incident which occurred on September 26, 2015 at DKL Investments, Inc., t/a Backyard Sports Grill, located at 7313 A and B Baltimore Avenue, College Park, Maryland 20740. The letter requests that, based on the severity of the case, and the fact that this is the second incident involving a serious violation of the law, the liquor license for this premises be 015 College Park City Council Meeting Minutes November 24, 2015 Page 7 revoked, and that the BOLC take any other action necessary to prevent further threats to the public health and safety. City staff is authorized to appear at the show cause hearing to present the City’s position. The motion was seconded by Councilmember Stullich. Councilmember Day commented that on September 26, 2015, an incident occurred inside the Backyard Sports Grill that involved a large fight during early morning hours. Security personnel were unable to break up the fight, which then spilled into the street. During the altercation, an off- duty Prince George’s County police officer who was working secondary employment at the premises was assaulted. It has also been determined that a promoter was involved in the entertainment, which is a violation of BOLC rules. This occurred in spite of the fact that the owners had assured the Mayor and Council during a work session on September 15, 2015 that they would cease using promoters. This is the second incident that has occurred at the premises in the recent past involving a violent incident and use of promoters. Revocation of the license is necessary to prevent any further threats to public health and safety. Ms. Ferguson stated that a letter has been received by the establishment’s legal counsel and the letter is in the packet for the record and Council’s review. The motion passed 7-0-0. 15-G-135 Greenbelt Request for Four Cities Letter to County Council Prioritizing Greenbelt Road Streetscape Improvement Project Councilmember Wojahn made a motion to authorize the Mayor to sign the attached letter from Four Cities requesting that the Greenbelt Road Streetscape Improvement Project be moved from second to first priority for planning projects in the County’s 2015 list to the State. The motion was seconded by Councilmember Kabir. The motion passed 7-0-0 15-O-05 Adoption of Ordinance 15-O-05, An Ordinance of the Mayor and Council of the City of College Park to Amend the Fiscal Year 2016 Operating and Capital Budget of the City of College Park, Maryland A motion was made by Councilmember Day and seconded by Councilmember Dennis to adopt Ordinance 15-O-05, An Ordinance of the Mayor and Council of the City of College Park to Amend the Fiscal Year 2016 Operating and Capital Budget of the City of College Park, Maryland (Amendment #1). Councilmember Day stated that this budget amendment ordinance was introduced on November 10th and a public hearing was held earlier this evening. Our auditors have changed the financial statement treatment of our purchase of prior service credit in the Maryland State Retirement Plan (MSRP) by booking the full amount of the purchase in fiscal year 2015. This change does not affect the financial condition of the City; it is simply 016 College Park City Council Meeting Minutes November 24, 2015 Page 8 an accounting adjustment to the statement of revenues and expenditures to comply with generally accepted accounting principles (GAAP). As the full amount of the purchase was booked in the fiscal year 2015 financial statements, it is not necessary for us to budget $250,000 each in fiscal years 2016 and later for repayment to the General Fund. The attached revised FY2016 budget amendment #1 does not change the -0- use of unassigned reserve. It amends the FY2016 budget to: 1. Eliminate the FY2016 budgeted expenditure of $250,000 for repayment to the General Fund for the MSRP prior service credit purchase, 2. Provide $7,000 for University of Maryland program contributions to cover the Council- approved contribution to the IFC tailgates, 3. Provide $15,000 for the Council-approved rental of voting machines for the November 3rd elections, and 4. Provide $228,000 in additional funding for the City Hall Expansion (C.I.P. project 041003) to cover design and construction of a new City Hall. The City Hall project funding will ultimately reduce the amount the City has to borrow for a new City Hall. The ordinance would increase the current unassigned reserve balance from 17.7% to 29.4% of the FY 2016 expenditure budget. Ms. Ferguson stated that state law requires a super majority vote on this ordinance. Councilmember Kabir requested that in the next budget session that money is reserved for the Rhode Island Avenue Streetscape project. He also stated that he received a comment from a resident asking why the City was providing money to the University of Maryland to fund IFC tailgates. Cole Holocker, Student Liaison stated that the grant money the City is providing to assist the IFC impacts the entire City. Councilmember Stullich stated that the small about of money the City contributes to the IFC tailgates is very well spent as it has dramatically reduced game day tailgate associated parties in the community. Councilmember Day stated that contributing money to the University of Maryland will put tailgating back on campus and we can move forward to create solutions to blend the University and City together. Councilmember Wojahn stated that we need to look at ways for the Rhode Island Avenue Streetscape project to move forward. Motion passes: 7-0-0 15-O-07 Introduction of Ordinance 15-O-07, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 11 “Authorities”, Article II, “Airport Authority”, §11-5 “Creation; Members; Compensation; Conflicts Of Interest” And §11-6, “Purpose; Use Of Airport”; Chapter 15 017 College Park City Council Meeting Minutes November 24, 2015 Page 9 “Boards, Commissions And Committees”, Article II, “College Park Recreation Board”, §15-3, “Membership; Terms” And Article VIII, “Committee For A Better Environment”, §15-34, “Powers And Duties” ; And Chapter 179 “Tree And Landscape Maintenance”, §179-2, “Purpose; Applicability”, §179-5, “Tree And Landscape Board” And §179-6, “Comprehensive Landscape Plan; Costs” To Incorporate Changes Recommended By The Airport Authority, Committee For A Better Environment And The Tree And Landscape Board, To Remove Certain References To Conflicts Of Interest From §11-5, To Set The Membership Of The Recreation Board At Up To Ten Members With The Goal Of Representation From Each District, And To Make Certain Non-Substantive Changes. A motion was made by Councilmember Stullich and seconded by Councilmember Day to introduce Ordinance 15-O-07. A Public Hearing will be held on Tuesday, January 12 at 7:15 p.m. in the Council Chambers. 15-G-133 Appointments to Boards and Committees A motion was made by Councilmember Hew and seconded by Councilmember Dennis to reappoint Frank Rose to the Ethics Commission; appoint Adam Killian to the Committee for Better Environment; and appoint Wendy Rodeffer to the Animal Welfare Committee. Motion passes: 7-0-0 COUNCIL COMMENTS: All Councilmembers wished the staff and residents of College Park a Happy Thanksgiving and to shop small on Saturday. Mayor Fellows stated that this was his last full Council meeting and he thanked everyone for working with him throughout his term. COMMENTS FROM THE AUDIENCE: None. ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember Stullich to adjourn the meeting and with a vote of 7 – 0 – 0, Mayor Fellows adjourned the meeting at 9:11 p.m. ____________________________________________ Yvette T Allen, CMC Date Assistant City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 9:14 p.m. on November 17, 2015, a motion was made by Councilmember Brennan and seconded by Councilmember Dennis to enter 018 College Park City Council Meeting Minutes November 24, 2015 Page 10 into a Closed Session to consult with Counsel on a legal matter and to discuss a negotiating strategy before a contract is awarded. The motion passed 8 – 0 – 0 and the Council entered into the closed session at 9:23 p.m. Present: Mayor Andrew Fellows; Councilmembers Kabir, Wojahn, Brennan, Dennis, Stullich, Day, Hew and Mitchell. Absent: None. Also Present: Suellen Ferguson, City Attorney; Scott Somers, City Manager; Janeen Miller, City Clerk; Bill Gardiner, Assistant City Manager; Terry Schum, Planning Director; Cole Holocker, Student Liaison; and Councilmembers-elect Cook, Kujawa and Nagle. Topics Discussed: The City Attorney discussed the negotiation of an agreement with a developer. Actions Taken: None. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Day to adjourn the closed session, and at 9:55 p.m. with a vote of 8 – 0 – 0, Mayor Fellows adjourned the meeting. 019  15-R-29 (This Resolution will be provided by email from the City Attorney over the weekend) 020 15-G-138 021 Appointments to Boards and Committees 15-G-138  Reappoint Rita Zito to the Veterans Memorial Committee 022 15-G-140 023  MAYOR AND COUNCIL SCHEDULED MEETINGS FOR THE YEAR 2016 (December 7, 2015) WORKSESSIONS REGULAR BUSINESS MEETINGS Tuesday, January 5 Tuesday, January 12 Tuesday, January 19 Tuesday, January 26 Tuesday, February 2 Tuesday, February 9 Tuesday, February 16 Tuesday, February 23 Tuesday, March 1 Tuesday, March 8 Tuesday, March 15 Tuesday, March 22 Tuesday, April 5 Saturday, April 9 – Budget Worksession Tuesday, April 12 Saturday, April 16 – Budget Worksession (if needed) Tuesday, April 19 Monday, April 25 1 Tuesday, May 3 Tuesday, May 10 Tuesday, May 17 Tuesday, May 24 Tuesday, June 7 Tuesday, June 14 Tuesday, July 5 Tuesday, July 12 Wednesday, August 3 2 Tuesday, August 9 Tuesday, September 6 Tuesday, September 13 Tuesday, September 20 Tuesday, September 27 Tuesday, October 4 Tuesday, October 11 Tuesday, October 18 Tuesday, October 25 Tuesday, November 1 Tuesday, November 15 Tuesday, December 6 Tuesday, December 13 1 Tuesday, April 26 is the Maryland Primary Election, so the Worksession will be held on Monday 2 Tuesday, August 2 is National Night Out, so the Worksession will be held on Wednesday S:\CityClerk\2016\2016 Mayor and Council Meeting Schedule.doc 024