Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, March 28, 2017 Council Chambers 7:30 p.m. – 11:28 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich (arrived at 7:40 p.m.), 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; Bob Ryan, Director of Public Services; Jill Clements, Director of Human Resources; Chris Keosian, Student Liaison; and Brandon Carroll, Deputy Student Liaison. Mayor Wojahn opened the meeting at 7:30 p.m. Announcements: Councilmember Dennis announced the weekly Coffee Club at Jason’s Deli tomorrow morning at 9:00 a.m. Councilmember Brennan announced the College Park Community Foundation 5K Race on Saturday May 6. Councilmember Nagle said the College Park Lions Club and College Park Community Library hosted the 5th annual Book Festival last Saturday. The Community Library is located on the lower level of the Church of the Nazarene. Councilmember Kabir invited residents to the building of the north College Park Community Garden on April 8 from 1 – 4 p.m. Mayor Wojahn talked about Good Neighbor Day on Saturday, April 1. City Manager’s Report: Mr. Somers said the City’s Farmers Markets reopen the weekend of April 22-23; the Public Works yard will be open for Spring Clean-up Saturdays in April from 7:30 – 12 noon; the City was named a Tree City for 2016; applications for the two Community Gardens are now being accepted; April 8 is the Spring Egg Hunt and Brunch with the Bunny. Proclamations: Mayor Wojahn read the Proclamation for Women’s History Month. Amendments To And Approval Of The Agenda: A motion was made by Councilmember Kabir and seconded by Councilmember Cook to add an agenda item: Issuing an RFI (Request or Interest) for the Calvert Road School site. The motion tied (Councilmembers Brennan, Dennis, Stullich and Day opposed). Mayor Wojahn voted no; the motion failed. The agenda was approved without amendment (Stullich/Day) 8 – 0 – 0. College Park City Council Meeting Minutes March 28, 2017 Page 2 Public Comment On Consent And Non-Agenda Items: Gloria Aparicio Blackwell, UMD Office of Community Engagement: Over 700 people have registered for a variety of community service events on Good Neighbor Day, which is record- high participation. She sits on the UMD President’s Commission on Women’s Issues so she hopes to see the proposal for child care at Calvert Road move forward tonight. PRESENTATIONS: Eric Olson, Executive Director of the College Park City-University Partnership, presented the 2016 Annual report (attached). He was joined by Sen. Jim Rosapepe, Chair; Carlo Colella, Vice- Chair; and Valerie Woodall, Program Associate of the Partnership. This is the Partnership’s 20th anniversary. CONSENT AGENDA: A motion was made by Councilmember Brennan and seconded by Councilmember Dennis to adopt the Consent Agenda, which consisted of the following: 17-G-45 Approval of a letter to UMD DOTS requesting restoration of Shuttle UM Bus Route 143 17-G-46 Approval of a $1,000 donation to the Greenbelt Community Animal Response Team pending execution of a Memorandum of Understanding in a form acceptable to the City Attorney between the City and CART for emergency services 17-G-47 Approval of Minutes: March 7, 2017 Worksession, March 14, 2017 Regular Meeting. The motion passed 8 – 0 – 0. ACTION ITEMS: 17-G-48 Approval of the term sheet for the proposal for a Child Day Care Program at the Calvert Road School and authorization for staff to enter into negotiations for a lease agreement – Scott Somers, City Manager Mr. Somers gave an overview: The City Council is being asked to consider the final terms negotiated between the City and the University for Child Care at the Calvert Road School site which are included in the agenda packet. There are public comments in the red folder. A motion was made by Councilmember Stullich and seconded by Councilmember Day to approve the terms included in the Term Sheet, in substantially the form attached, as the basis for the negotiation of the lease between the University of Maryland and the City for the Calvert Road School site, and authorize the City Manager and staff to negotiate the lease, to include these terms as the framework, and to address standard lease terms such as insurance, indemnification, maintenance, inspections, taxes, space usage and other terms as required to fairly protect the City’s interests. College Park City Council Meeting Minutes March 28, 2017 Page 3 An amendment to the main motion was made by Councilmember Kabir and seconded by Councilmember Cook to authorize the City Manager to issue an RFI (Request for Interest) to seek possible interested partners to redevelop the Calvert Road school site for public use consistent with the US 1 Sector Plan and the general master plan. Councilmember Kabir said over the past few days there have been comments that the residents want something done at this property, something good to happen there for good public use. We have some interest and worked with the University on their proposal for day care which is a decent proposal. It will benefit our residents to a certain extent. We haven’t looked comprehensively for other partners that can provide better service or use at this property. He thinks the entire council should have looked into this but it is not too late to do it now. It takes about 45 days to get a response and then additional time to review them. We might be getting something that can benefit our residents more. That is the purpose of introducing this amendment. Councilmember Stullich asked the City Manager his opinion about whether the University would be willing to accept a three month delay, or are they likely to pursue child care in a different location. Mr. Somers said it is difficult to predict but that the UMD very likely could consider other locations. This proposal first came to us in July of 2016 and they hoped an agreement could be reached by last fall. We are now in spring of 2017 and he would be concerned that the University could walk away from the proposal if there is a delay. Ms. Stullich said there is no guarantee that the University would still be there after a three month delay if we don’t find an offer we like better. Comments from the audience: In the interest of time, Council agreed to take public comment on both the original motion (“the proposal”) and the alternate motion (“the amendment”) at the same time. Speakers were timed for 4 minutes instead of the usual 3: 1. Larry Wenzel, 8501 48th Avenue: Supports the amendment. 2. Aaron Williams, 9701 Narragansett Parkway: Supports the proposal. 3. Bonnie McClellan, 9003 Gettysburg Lane: Supports the proposal. 4. Jordan Schakner, 5206 Mineola: Supports the amendment. 5. Zari Malsawma, 3433 Duke Street: Supports the amendment. 6. Adele (and Richard) Ellis, 4608 Beechwood: Supports the proposal. 7. Christine A. Winderlin, 8501 Potomac Avenue: Supports the amendment. 8. Suchitra Balachandran, 9320 St. Andrews, President, WCPCA: Table the vote and bring the proposal to a Town Hall in west College Park. 9. Chris Dullnig, 8400 Rhode Island Avenue: Supports the proposal. College Park City Council Meeting Minutes March 28, 2017 Page 4 10. Rachel Gregory, 6909 Rhode Island Avenue: Supports the proposal. 11. Cynthia McCabe, 4608 Harvard Road: Supports the proposal. 12. Patrick Lynch, 4609 Drexel Road: Supports the proposal. 13. John Rigg, 6809 Dartmouth, on behalf of the Calvert Hills Citizens Association: Supports the proposal. 14. Nick Brennan, 8321 Potomac Avenue: Supports the proposal. 15. Bob Catlin, 8604 49th Avenue: Supports the proposal. 16. Cindy Lollar, 4607 Fordham Road: Supports the proposal. 17. Robert (and Miranda) Martin, 4800 Guilford Road: Supports the proposal. 18. Pauline Hutcherson, 4518 Albion Road: Supports the proposal. 19. Janice Bernache, 4614 Amherst: Supports the proposal. 20. Mary Herschbach, 4309 Princeton Avenue: Supports the proposal. 21. Oscar Gregory, 9253 Limestone Place: Supports the amendment. 22. Jack Robson, 4710 Harvard Road: Supports the proposal. 23. Emily Morrison, 4605 Drexel Road: Supports the proposal. 24. Chris Peretti, 4612 Guilford Road: Supports the proposal. 25. Fritz Leopold, 4813 Ruatan Street: Supports the proposal. 26. Carolyn Bernache, 9318 St. Andrews Place: Supports the proposal. 27. James A. (and Helen and Mary) Barnes, 4611 Drexel Road: Supports the proposal. 28. Virdina (and Kevin) Gibbs, 4704 Guilford Road: Supports the proposal. 29. Andrew Fellows, 5807 Bryn Mawr Road: Supports the proposal. 30. Todd Larsen, 8711 Rhode Island Avenue: Supports the proposal. 31. Elaine Grant, 8711 Rhode Island Avenue: Supports the proposal. 32. Allison Hughes, 6705 Rhode Island Avenue: Supports the proposal. College Park City Council Meeting Minutes March 28, 2017 Page 5 33. Justin Clarke, 4506 Beechwood Road: Supports the proposal. 34. Kathy Bryant, 7406 Columbia Avenue: Supports the proposal. 35. Mark (and Leslie) Montroll, 7202 Rhode Island Avenue: Supports the proposal. 36. Chuck Montrie (and wife), 7008 Wake Forest Drive: Supports the proposal. 37. Ann Daniel, 4708 Guilford: Supports the proposal. Council Comment on the Amendment: Councilmember Dennis said this issue has been discussed for as long as he has been on the Council (6 years) and the UMD proposal is an opportunity to take care of the Calvert Road School. He will vote no on the amendment. Councilmember Kabir said he didn’t propose the amendment to derail the University of Maryland child care proposal. Rather it was to get a better partner to develop the property. An RFI is a standard way to proceed on development matters and he is responsible with the rest of the Council for not taking this step sooner. Councilmember Day is opposed to the amendment. He sees it as an attempt to delay or derail the UMD proposal. An RFI was on the table two years ago and we have fielded other interest in the school. It is time to move this forward now. Vote on the amendment (to authorize the City Manager to issue an RFI (Request for Interest) to seek interested partners to redevelop the Calvert Road school site for public use consistent with the US 1 Sector Plan): Yes: Kabir, Cook No: Kujawa, Day, Stullich, Dennis, Brennan Abstain: Nagle The amendment failed 2 – 5 – 1. Council Comment on the Main Motion: Councilmember Stullich said this idea came from the residents. Remember that the children of UMD faculty and staff who are also residents will have a large number of seats, so College Park children will end up with more than 12 seats. The community meeting space is a needed asset. This is not an inequitable deal: the UMD is contributing $4.5+ Million and the City is contributing a building that is a blight. Councilmember Nagle said that we have not looked comprehensively at the land use needs in the City. When the City engaged a consultant to advise us on this topic he was treated badly. The University is going forward with child care, it’s just a question of where. She understands the wishes of the Calvert Hills residents. The City has a responsibility to maintain the building and find the best use for this property. Many residents could not afford the tuition at this day care. City Hall with a day care component at Calvert Road would be a wonderful use. College Park City Council Meeting Minutes March 28, 2017 Page 6 Councilmember Cook said that questions have been raised whether this is the best and highest use of this building, if this is a public use, and if it is better to include day care in a new City Hall. We have not done sufficient due diligence. Councilmember Brennan said he doesn’t understand why some Councilmembers have unanswered questions at this point. It is Council’s responsibility to ask and get our constituents’ questions answered. He doesn’t think “best use” can be revealed by a study. This has been a transparent process and the public has been involved. We have considered the impact to our budget and have weighed this proposal against previous proposals that the public responded to negatively, so this is the best use. This provides a public use and is acceptable to the surrounding community. Councilmember Day said he thinks about the City as a whole and the rest of the Council must do the same. He is in support of this proposal. He discussed other parties that have been interested in the school site in recent years and why they didn’t work out. He has seen how bad the condition of the school is now. The University’s first proposal for this site was met with opposition. The UMD asked the community what they wanted, and they came back with this proposal that the community supports. This is a catalyst that will change College Park for the better. Councilmember Kujawa said many of the discussions about this project were held behind closed doors and we need to be able to discuss the details of the term sheet that have recently been made public with our residents; they should be afforded that opportunity. She hopes to see collaboration continue with UMD, but at this point she is not comfortable nor does she think it is fiscally responsible to commit the City to a 40 year lease term. Councilmember Stullich said that as a Councilmember she has attempted to support her Council colleagues in other districts. This proposal is not costing the taxpayers any money; we are not putting any money on the table. If we had to do the renovations ourselves, we would spend millions of tax dollars. The University is a willing partner and is bringing millions of dollars to the table. The UMD has been very patient with our repeated delays. She has heard charges that if the Council approves this we are not listening to our residents. Her calculation of the public comment taken at the Public Forum, the written comment, and tonight’s testimony: 83 people total commented on the proposal: 67 in favor, 16 opposed. If the Council votes to approve the agreement it will be a sign of listening to our residents. Councilmember Brennan repeated that child care was the proposal that was settled on after a great outcry by the community, and it started with a survey that was done by CPCUP. We do need to address child care issues. An RFI would have been a great idea five years ago. Vote on the main motion (Approval of the term sheet for the proposal for a Child Day Care Program at the Calvert Road School and authorization for staff to enter into negotiations for a lease agreement): Yes: Brennan, Dennis, Stullich, Day No: Kabir, Nagle, Kujawa, Cook College Park City Council Meeting Minutes March 28, 2017 Page 7 Mayor Wojahn said he has concerns that we are a divided Council and a divided City. We rise and fall together. Amenities that benefit one neighborhood can benefit all neighborhoods. Pitting one neighborhood against another is counter-productive. In this case, many residents have spent countless hours of consideration and thought about what to do with a dilapidated building in their neighborhood and – working with the University– have come up with a good proposal to make it an asset. This proposal isn’t perfect – nothing is. Other residents of the City weren’t excluded from this process. It wasn’t until the very end that several residents raised concern. Out of respect for the many residents who have worked to bring about this benefit to the community, he will vote yes. He thanked residents on both sides of the issue for speaking out. The motion passed 5 – 4. Carlo Colella, UMD Vice President for Administration and Finance: He thanked the community for their passion and engagement in this process; their input helped shape the agreement that resulted. He looks forward to seeing how the children who use this space are disbursed throughout the community. Partnership is hard – it is easier to do your own thing – but we are able to do better together. 17-G-50 Consideration of requests for letters of support to the Prince George’s County Redevelopment Authority for a “Community Impact Grant” Ms. Schum gave an overview: We have three requests for letters of support to the Prince George’s County Redevelopment Authority for a “Community Impact Grant”: 1) College Park City-University Partnership request for a letter of support for a College Park Arts Exchange grant application for lighting on the US 1 bridge between Campus Drive and Lakeland Road; 2) Hyattsville Community Development Corporation request for a letter of support for a grant application for sculptural wayfinding signage along the Trolley Trail; 3) Junior Tennis Champion Center request for signage and landscaping in front of their property. She reviewed each project and said that the College Park Arts Exchange request for LED lighting on the Paint Branch Bridge is our priority. The Partnership will provide a match for this grant. 17-G-50: A motion was made by Councilmember Brennan and seconded by Councilmember Nagle to approve letters of support for both the College Park Arts Exchange and Hyattsville Community Development Corporation applications, but indicate that the CPAE project is the City’s top priority. There were no comments from the audience or the Council. The motion passed 8 – 0 – 0. 17-G-54: A motion was made by Councilmember Day and seconded by Councilmember Brennan to approve a letter of support to the Prince George’s County Redevelopment Authority for the Junior Tennis Champion Center application, but indicate that the CPAE project is the City’s top priority. College Park City Council Meeting Minutes March 28, 2017 Page 8 Councilmember Day said the JTCC has done good work for the children in our City and helping them get a sign along the front of their property is the right thing to do. The motion passed 7 – 1 – 0 (Nagle opposed). 17-G-52 Consideration of requests for letters of support to the COG Transportation Land Use Connection (TLC) grant program: Ms. Schum provided an overview: The first application is the City’s application to the Council of Government’s Transportation Land Use Connection grant program for consultant funding for a bicycle improvement project along Rhode Island Avenue. The intent is to study the entire right- of-way for ways to provide buffered bike lanes to make bicycle travel safer. This is a request for $55,000. The funds are not provided directly to the City; COG provides a list of consultants for the City to pick from to perform the work. This is a $55,000 grant request for 30% design which is a standard for design and preliminary cost estimates. You have to be a COG member to apply for this competitive grant. The second application is a joint application between Greenbelt, Berwyn Heights and College Park for a ULI Technical Assistance Program grant, which is now affiliated with COG. This would provide consultant assistance but would require a cash match in the amount of $10,000; the pro-rated share has not been determined. The application has not been finalized but is intended to be a streetscape project on MD 193 from Rhode Island Avenue to Kenilworth Avenue to improve pedestrian and bicycle access. The request is to authorize City staff to work with the other municipalities on the application. Mayor Wojahn added that he and Councilmembers Brennan and Nagle attended a Greenbelt City Council meeting with Berwyn Heights last week to consider aesthetic and safety improvements to Greenbelt Road. The hope was to get grant funds to help with improvements but it was unclear at the time which grant to pursue. 17-G-52: A motion was made by Councilmember Kabir and seconded by Councilmember Nagle to authorize the Mayor to sign a letter of support to the TLC program for a City of College Park application for buffered bike lanes on Rhode Island Avenue. There were no further comments. The motion passed 8 – 0 – 0. 17-G-55: A motion was made by Councilmember Kabir and seconded by Councilmember Stullich to authorize staff to work on a joint Greenbelt, Berwyn Heights and College Park ULI technical assistant grant for streetscape design improvements on MD 193. Comments from the audience: Oscar Gregory, 9253 Limestone Place: Asked for clarification about the motion. Mayor Wojahn said it is to apply for a technical assistance grant for streetscape and safety College Park City Council Meeting Minutes March 28, 2017 Page 9 improvements on MD 193. Mr. Gregory said there is not any room on 193 so he wonders where this is going to go. Mayor Wojahn said that is what the study is for. The motion passed 8 – 0 – 0. 17-O-03 Introduction of Ordinance 17-O-03 to amend Permit Parking Zone fees in the Lord Calvert Manor neighborhood Ms. Ferguson gave an overview. After extensive discussions, Council decided to reduce the monthly permit fees in the Lord Calvert Manor neighborhood to $40. Since permit fees are now in Chapter 110 of the City Code, this ordinance has been prepared to amend the Code. A motion was made by Councilmember Stullich and seconded by Councilmember Day to introduce Ordinance 17-O-03, an Ordinance to amend Chapter 110 “Fees and Penalties”, by repealing and reenacting §110-1 “Fees and Interests” to decrease the monthly permit parking fee in the Lord Calvert Manor Area, for Zones 11 and 11A and on Knox Road and Hartwick Road, to $40 per month, effective July 1, 2017. Mayor Wojahn announced that the Public Hearing will be held on April 11, 2017 at 7:30 p.m. in the Council Chambers. 17-G-49 Award of contracts to continue health, dental, workers’ compensation and property and liability insurance for FY 2018 An overview was provided by Ms. Clements: The City renews our insurance products annually. She reviewed the staff report and discussed each item. A motion was made by Councilmember Nagle and seconded by Councilmember Dennis to award the following contracts for health, dental, workers’ compensation, and property and liability insurances for FY 2018: 1. Contract with Benecon, benefits administrator for the Maryland Local Government Healthcare Cooperative, for employees’ health insurance at a budgeted cost of $1,028,451. 2. Contracts with MetLife and Dominion National for dental insurance at a budgeted cost of $56,884. 3. Contract with Chesapeake Employers Insurance Company for workers’ compensation insurance at a budgeted cost of $191,245. 4. Contract with Local Government Insurance Trust and affiliates for general liability, public officials’ liability, auto, property, boiler and machinery, personal injury protection, and uninsured motorist protection insurances at a budgeted cost of $152,124. There were no comments from the audience or the Council. The motion passed 8 – 0 – 0. 17-G-51 Appointments to Boards and Committees College Park City Council Meeting Minutes March 28, 2017 Page 10 A motion was made by Councilmember Day and seconded by Councilmember Kabir to appoint Manuel Guevara to the Seniors Committee and to reappoint Joseph Smith to the Tree and Landscape Board. The motion passed 8 – 0 – 0. Comments: Mr. Keosian said the SGA will host a Town Hall with the City Council on Monday, April 17 at 7:30 p.m. He also announced that the UMD Cycling Team will have their home race this Saturday from 8 a.m. to 6:40 p.m. and the southbound lanes of US 1 will be shut down. City Manager’s Report: Mr. Somers reminded Council about the Closed Session tonight. Adjourn: A motion was made by Councilmember Kujawa and seconded by Councilmember Day to adjourn into a Closed Session pursuant to §C6-3 of the College Park City Charter, 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 11:28 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 11:28 p.m. on March 28, 2017, during a regularly scheduled meeting of the College Park City Council, a motion was made by Councilmember Kujawa 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 8-0-0 and the Council entered into the closed session at 11:33 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; Brandon Carroll, Deputy Student Liaison. Also present for a portion College Park City Council Meeting Minutes March 28, 2017 Page 11 of Topic #1: Sen. Jim Rosapepe; from the University of Maryland: Anne Martens and Carlo Colella; from the College Park City-University Partnership: Eric Olson and Valerie Woodall. Topic Discussed: 1. Council discussed the acquisition of right-of-way for a public purpose. 2. The City Attorney updated the Council on a legal matter before the Zoning Hearing Examiner and advised Council about the next step. Action Taken: None. Adjourn: A motion was made by Councilmember Brennan and seconded by the remainder of the Council to adjourn the closed session, and at 12:30 a.m. on March 29, with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session.