Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, March 14, 2017 Council Chambers 7:30 p.m. – 10:11 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich, Day, Kujawa and Cook. 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; Brenda Alexander, Assistant Director of Public Works; Miriam Bader, Senior Planner; Ryan Chelton, Economic Development Coordinator; Chris Keosian, Student Liaison. Mayor Wojahn opened the meeting at 7:30 p.m. Announcements: Councilmember Brennan noted that the Third Thirsty Thursday would be with the College Park Community Foundation at Ledo’s from 5 – 7 p.m. The Berwyn District Civic Association meets at 7:30 the same night at Fishnet. Councilmember Dennis announced the weekly Coffee Club is canceled tomorrow morning due to the inclement weather. Councilmember Stullich announced the CPAE Yoga Class held on Thursday nights in the Council Chambers. City Manager’s Report: Mr. Somers reported on the lane closure on US 1 for utility work; said that registration for the Old Town Community Garden is now open; provided progress updates on Duvall Field and the Public Works Modular Building; said that the Old Parish House repair project is on hold awaiting permits; announced the College Park Book Festival on Saturday, March 25 at the College Park Community Center; and reminded everyone about Good Neighbor Day on Saturday, April 1. Acknowledgements: Mayor Wojahn recognized former Councilmember John Krouse. Proclamations: Mayor Wojahn read the proclamation for Irish American Heritage Month. Amendments To And Approval Of The Agenda: Approved without amendment on a motion by Councilmember Brennan, seconded by Councilmember Dennis, 8 – 0 – 0. Public Comment On Consent And Non-Agenda Items: Thomas Johnson, 9713 51st Avenue: Asked the City Council if they would place on their next agenda a resolution calling on Congress to begin impeachment proceedings against President Trump based on the foreign and domestic emoluments clause. College Park City Council Meeting Minutes March 14, 2017 Page 2 Katherine Swanson, SGA President: Invited the City Council to an on-campus Town Hall sponsored by the SGA on a date in April. Sarah D’Alexander, Office of Community Engagement, UMD: Invited everyone to participate in the 6th Annual Good Neighbor Day event to be held on Saturday, April 1. They are looking for volunteers to get involved in service projects across the City. PRESENTATIONS: a. Public Forum on the proposal for a Child Day Care Program at the Calvert Road School: Mayor Wojahn gave an overview: This is an opportunity for questions and answers about this proposal; the Council vote will be in two weeks. The building is the old College Park Elementary School/Friends Community School, which the City has owned since the mid- 1990s. The City has been trying to determine what to do with it since Friends Community School moved out in 2007. Our Department of Public Services occupies the one story east wing. The original part of the school is uninhabitable in its current condition and millions of dollars in renovations are needed. Over the past two years we have been in conversations with the University of Maryland about using the historic portion of the building as a child care facility. At a Worksession in July 2016, UMD formally presented a concept plan to the City Council, and in September, Bright Horizons attended a Worksession. On September 20, 2016, the City Council formally authorized staff to commence negotiations and set negotiating parameters. The City Manager and City Attorney held several meetings with University of Maryland officials, the result of which are the negotiated terms being discussed tonight. The question to the Council will be to move forward with those terms, or not to move forward. Mayor Wojahn reviewed the terms in the packet, then opened the meeting up to questions. 1. Jordan Schakner, 5206 Mineola Road: What other options were considered for this site? This is a publicly owned building that belongs to residents. To give it to the UMD for a 40 year lease is not a good use. 2. Aaron Springer, 4622 Harvard Road: Supports the proposal and is pleased to hear about the public-use space. 3. Kristy Maddux, 7011 Wake Forest Drive: Questioned the allotment of slots – is it at any age level? What if all the infant slots are taken first – are they then unavailable to others? What about having a lottery for seats? She is in support of the proposal; it is time to wrap this up and move on to other issues. 4. Mary Anne Hakes, 6810 Dartmouth: Supports this proposal; it is consistent with the City’s goal of attracting more UMD faculty. She likes the idea of the community space. 5. Stuart Adams, 6802 Dartmouth: Sees a lot of benefit for everyone with this proposal. Asked a question on the 4-year term of the lease at 8400 Baltimore Avenue. College Park City Council Meeting Minutes March 14, 2017 Page 3 6. Sam Jack, 4514 Albion Road: This is a good value to the community – day care is hard to find. Asked whether the City had done any studies about day care supply and demand to help quantify the value? 7. Justin Clarke, 4506 Beechwood Road: Supports the proposal – it is good leveraging of UMD funds to get this amenity for residents. Glad about the community space. Tighten up the language about the use of the field and public space. 8. Dan Ryan, 4613 Drexel Road: It is sad to watch the building deteriorate – please support this great idea. 9. John Rigg, President, Calvert Hills Civic Association, 6809 Dartmouth Avenue: The CHCA supports the proposal; the parameters are responsible and responsive to previous comments. This will benefit the entire City by making day care and community space available. 10. Leo Shapiro, 6907 Rhode Island Avenue: Supports the proposal – it is terrific to see how far we’ve come in the City-UMD relationship, and sees this as a win-win. 11. Sarah Treado, 4701 Drexel Road: Supports the proposal – this is exactly what we need at this location. It will help attract families to College Park. Look at how the seats are split up; otherwise, all the infant slots could get filled up at once. 12. Molly MacLaren, 4609 Drexel Road: This is a terrific opportunity to move forward; consider what will happen if you don’t make this deal. There is lack of good child care and public meeting space currently. 13. Julie Forker, 7008 Wake Forest Drive: She and her husband are in favor of the proposal. 14. Cindy Xander, 4624 Harvard Road: It is sad to watch the building deteriorate; we need the day care and the meeting space. 15. Jane Cem Miller, 7013 Wake Forest Drive: She is in support of the proposal. 16. Oscar Gregory, 9253 Limestone Place: 48% of the City’s money comes from property taxes, but the University pays zero to the City. Why do our resident families play second fiddle to the UMD? The University has space they can use for day care. The building is dilapidated because we have neglected it. Questions: What are we paying for a new City Hall? He wants to see the actual lease agreement. This is an historic building – have we lobbied for grant funds? What if they leave after one year – will the renovation cost be forgiven? 17. Liz Maring, 4609 Guilford Road: The building is an eyesore and she is excited by this proposal. Compared to previous proposals, this seems like a win-win. College Park City Council Meeting Minutes March 14, 2017 Page 4 18. Cat Peretti, 4612 Guilford: She supports this proposal and is devastated by this blight on our community. Great collaboration; she is grateful that the UMD came back with this proposal after their previous one was rejected. 19. John Krouse, 9709 53rd Avenue: Supports – it is great to find a project the neighbors support and that protects the community from excessive development impacts. Is there an off-set for the value of snow-plowing, etc? Put the term sheet on line. 20. Eric Gregory, 6909 Rhode Island Avenue: Supports – this is a perfect fit for this space, and addresses the lack of day care and community meeting space. 21. Jeanne Jennings, 4617 Clemson Road: Supports. No day care facilities in the City so this will fulfill a need, and is a win-win. 22. Jack Robson, 4710 Harvard Road: Supports the proposal and urges Council to act quickly. Has concerns about the 40-year lease. Questions: use of the community meeting space, cost of rental space at 8400 Baltimore Blvd. after four years, when is the seat allocation made, purchase of additional seats in the future, UMD use of fields. 23. Mark Montroll, 7202 Rhode Island Avenue: He and his wife support the proposal. His earlier concerns/questions have been satisfied; this meets the parameters that were set. 24. Eric Haag, 4606 Beechwood Road/UMD faculty: Supports the proposal and is pleased by the improvement in town-gown relations. We would be foolish not to take advantage of this opportunity; otherwise how would the renovations get done. There is a perception that College Park is not a good place to raise a family and this will help recruit and retain faculty and staff. 25. Sarah Robie, 4610 Guilford: This is an amenity that will help attract young millennials and will help make College Park competitive with surrounding areas. Question: is there a tuition subsidy? 26. Doug Hamilton, 4605 Fordham Road/works on campus: The UMD is making an effort to reach out to the community. This is a convenient site to anyone on campus or commuting to DC. 27. Francie Wasser, 6807 Dartmouth: She is on the fence about whether College Park is her forever home, but having a child day care center will help to keep her here, and should increase home values. b. Annual economic development presentation – Ryan Chelton, Economic Development Coordinator Mr. Chelton reviewed his PowerPoint presentation, which will be posted on the City’s website. Discussion included:  Request for the locations of the commercial vacancies;  Clarification that the 89% Terrapin Row occupancy rate is for their first year; College Park City Council Meeting Minutes March 14, 2017 Page 5  MOM’s is moving into the soon-to-be-vacated REI space along with Mighty Health Pet and will take the entire space;  The Enclave is about to get their first retail tenant – a dessert café;  The difference between multi-family housing (market rate housing leased by the unit) and student housing (leased by the bed). CONSENT AGENDA: A motion was made by Councilmember Dennis and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of the following: 17-G-34 Approval of an agreement with Robert Doory and Miles & Stockbridge to act as bond counsel – Suellen Ferguson, City Attorney 17-G-35 Approval of Guidelines for the City’s Tree Canopy Enhancement Program (TCEP) 17-G-37 Approval of a letter to the County Executive in support of a north County Animal Facility 17-G-38 Approval of Minutes: Special Session February 21, 2017; Worksession February 21, 2017; Regular Meeting February 28, 2017. The motion passed 8 – 0 – 0. ACTION ITEMS: 17-G-41 Support for CB-017-2017, County legislation regarding a land swap between University of Maryland and Hillel – Terry Schum, Director of Planning Larry Taub, attorney for Hillel, gave an overview: Hillel and the UMD have agreed to a land swap: Hillel will sell their property on Mowatt Lane and the UMD will sell their property on Yale Avenue behind St. Andrews Church. There is a provision in the County Zoning Ordinance that states that when the state/UMD sells property to a private party it is automatically downzoned to Reserved Open Space (ROS). There is also a procedure for rezoning the property once it is downzoned. The UMD property is currently zoned MUI, which Hillel is happy with, but if they go through the procedure required in the code, they can’t go back to MUI. The purpose of this legislation is to allow them to maintain the MUI zoning. They are requesting the City’s support for this legislation. Staff supports the request. A motion was made by Councilmember Stullich and seconded by Councilmember Day that the City Council support CB-017-2017, a County ordinance that will provide an exemption to provisions in the Zoning Ordinance pertaining to the conveyance of certain property from the University of Maryland to a private party. Councilmember Stullich stated that Mr. Taub and Hillel representative met with her, Councilmember Day and others to explain the need for this legislation. She believes this is a College Park City Council Meeting Minutes March 14, 2017 Page 6 positive development for the Old Town community. This is one of the largest Hillel organizations in the Country. They will go to the Old Town Civic Association and the Old Town Local Advisory Committee later this month. They look forward to welcoming Hillel to the Old Town community. Councilmember Brennan echoed that support. He knows that St. Andrews Church is excited to have another spiritual neighbor and hopes Hillel will share their development plans with them. The motion passed 8 – 0 – 0. 17-G-39 Prince George’s Community College “Community Wins” grant application June Evans from Prince George’s Community College gave an overview: They are seeking to partner with the City on a “Community Wins” grant application to the US Conference of Mayors/Wells Fargo for a “Virtual CFO” program to help local businesses build financial capacity. The effort would be targeted to small businesses that are about 2 years old, to help them create a financial plan, understand the role and responsibility of a CFO and how to interpret financial data to become more sustainable. When a business successfully completes the program, they can use a digital badge on their websites and social media. The grant would underwrite the costs for small businesses in College Park to go through the program. They are seeking a letter of support and would like to offer the training in College Park. Councilmember Cook asked about the level of staff involvement. It would involve identifying and reaching out to the businesses in College Park. Mr. Somers said this will help economic development and growth in the City. A motion was made by Councilmember Day and seconded by Councilmember Brennan to approve a letter of support for the Prince George’s Community College “Community Wins” grant application. The motion passed 8 – 0 – 0. 17-G-40 Support for CSP-16002 to rezone Parcel A-3 and part of Parcel A in Block 1 of the Hollywood Commercial District from O-S to C-S-C (Shaban property) Ms. Bader gave an overview: The property consists of four lots; two are zoned C-S-C and two are zoned O-S. The applicant’s request was to rezone all four to Mixed Use Infill (M-U-I), or to rezone the two O-S lots to C-S-C. A Conceptual Site Plan was submitted but lacked detail about any future redevelopment so Staff found it more appropriate to support the rezoning to C-S-C at this time as it is more compatible with the existing uses on site and with development on adjoining properties. The subject property was previously zoned C-S-C and the applicant claims that if they had been aware of the rezoning of the property to O-S by the District Council they would have objected. The North College Park Citizens Association also supports the rezoning to C-S-C. Matt Tedesco, on behalf of the applicant, said they acknowledge and accept the proposed conditions. College Park City Council Meeting Minutes March 14, 2017 Page 7 A motion was made by Councilmember Kabir and seconded by Councilmember Nagle to recommend disapproval of the request to rezone Parcels A-1, A-2, A-3 and part of Parcel A to the M-U-I zone at this time, and to recommend approval of the request to rezone part of Parcel A and Parcel A-3 to C-S-C with the following conditions: 1. Prior to certification, the Conceptual Site Plan shall be revised as follows: a. Label the gross floor area of the existing buildings. b. Extend the potential building envelope on part of Parcel A to Edgewood Road and into Parcel A-1 to be more consistent with urban design recommendations in the Sector Plan. Eliminate all access points shown on part of Parcel A and Parcel A-3 and one of the access points shown on Parcel A-2. Shift the access shown on Parcel A-1 further to the west. c. Show a landscape buffer envelope along Parcels A-1 and A-2 that abut single- family residential. Ms. Ferguson noted that the license agreement for the community garden on this parcel has been finalized and is in the red folder. Mr. Tedesco concurred that agreement has been reached. The motion passed 8 – 0 – 0. 17-G-42 Appointments to Boards and Committees A motion was made by Councilmember Kujawa and seconded by Councilmember Brennan to appoint John Robson, Terry Wertz, Mary Katherine Theis and Maria Mackie to the Board of Election Supervisors. The motion passed 8 – 0 – 0. A further motion was made by Councilmember Stullich and seconded by Councilmember Day to designate John Robson as the Chief and to maintain the compensation for the Board and the Chief at the same level: Chief of Supervisors: $480/fiscal year; Board of Election Supervisors: $360/fiscal year. The motion passed 8 – 0 – 0. Mayor And Councilmember Reports/Comments: Councilmember Cook said in recognition of Women’s History Month she posted a question on Nextdoor asking people to post about the remarkable women in their lives. Councilmember Kabir discussed Saturday’s Bond Bill testimony in Annapolis. Student Liaison’s Report/Comments: Mr. Keosian said the application for the next Student Liaison has been posted. He worked with the Greek Sustainability Team on a grant to add recycling containers next to the trash receptacles in Old Town; the grant application was approved. The SGA Town Hall will be rescheduled for either April 17 or 24 at 7:30 p.m. College Park City Council Meeting Minutes March 14, 2017 Page 8 General Comments From The Audience: Thomas Johnson, 9713 51st Avenue: Spark Impeachment is the organization behind the resolution to impeach President Trump – they are reaching out to local governments and to underrepresented groups. Adjourn: A motion was made by Councilmember Dennis and seconded by Councilmember Brennan to adjourn the regular meeting. Mayor Wojahn said the Council would be meeting in a Closed Session to discuss the possible acquisition of real property for a public purpose, and matters directly related to said acquisition; 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 Mayor Wojahn adjourned the Regular Meeting at 10:11 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 10:15 p.m. on March 7, 2017, during a regularly scheduled meeting of the College Park City Council, a motion was made by Councilmember Brennan and seconded by Councilmember Day to enter into a Closed Session to discuss the possible acquisition of real property for a public purpose, and matters directly related to said acquisition; to consult with Counsel on a legal matter; and to discuss a negotiating strategy before a contract is awarded. The motion passed 6-0-0 and the Council entered into the closed session at 10:18 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Brennan, Stullich, Day, Kujawa and Cook. Absent: Councilmembers Nagle and Dennis. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk; Terry Schum, Director of Planning; Chris Keosian, Student Liaison; Brandon Carroll, Deputy Student Liaison. Topic Discussed: 1. Council was updated on certain details of the Calvert Road negotiations and discussed the next steps. 2. Council discussed how to move forward on a property that the City may want to acquire for a public purpose and discussed the next steps. 3. The City Attorney briefed the Council on a current lawsuit. Action Taken: None. College Park City Council Meeting Minutes March 14, 2017 Page 9 Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Day to adjourn the closed session, and at 10:55 p.m. with a vote of 6 – 0 – 0, Mayor Wojahn adjourned the closed session. Pursuant to §C6-3 of the College Park City Charter, at 10:11 p.m. on March 14, 2017, during a regularly scheduled meeting of the College Park City Council, a motion was made by Councilmember Dennis and seconded by Councilmember Brennan to enter into a Closed Session to discuss the possible acquisition of real property for a public purpose, and matters directly related to said acquisition; 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 10:16 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich, Day, Kujawa and Cook. Absent: None. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk; Terry Schum, Director of Planning; Chris Keosian, Student Liaison. Topic Discussed: Council reviewed information outlining options on moving forward on a property that the City may want to acquire for a public purpose; the City Attorney advised Council on same; Council discussed the next steps. Action Taken: None. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Kabir to adjourn the closed session, and at 11:00 p.m. with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session.