Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, April 11, 2017 Council Chambers 7:30 p.m. – 9:03 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; Yvette Allen, Assistant City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Bob Stumpff, Director of Public Works; Jim Miller, Parking Enforcement Supervisor; Chris Keosian, Student Liaison; and Brandon Carroll, Deputy Student Liaison. Mayor Wojahn opened the meeting at 7:30 p.m. Announcements: Councilmember Kabir invited all residents to join in the building of the Hollywood Community Garden located at Edgewood Road and Rhode Island Avenue Garden on April 15th. Councilmember Nagle announced that the next North College Park Community Association meeting will be held on Thursday at 7:30 p.m. at the Youth and Family Services building. Councilmember Brennan announced the College Park Community Foundation 5K Race on Saturday May 6; the College Park Seniors Arts Show on May 12 at the St. Andrews Church from 4:00 p.m. to 8:00 p.m.; and the Third Thirsty Thursday will be held on April 20 at Ledo’s Restaurant from 5:00 p.m. to 7:00 p.m. Councilmember Dennis announced the weekly Coffee Club at Jason’s Deli on April 12 at 9:00 a.m. The Lakeland Civic Association meeting scheduled for April 13 has been cancelled. Their next meeting is scheduled for May 11 and the Association will begin meeting every other month thereafter. Councilmember Cook announced that the Councilmembers from Districts 1 and 4 will hold a review of the FY 2018 Proposed Budget on April 21 at the Youth and Family Services building at 7:00 p.m. City Manager’s Report: Mr. Somers stated that we are in contact with SHA regarding the lane closures on US Route 1 in front of The Hotel during rush hour. Metrorail SafeTrack Surge will result in a shutdown of the Green Line between Prince George’s Plaza, College Park UMD and Greenbelt stations: Phase 1 will begin at 7:00 a.m. April 15 through April 29. Greenbelt and College Park Stations will be closed and there will be no train service. Phase 2 will begin at 7:00 a.m. on April 30 through May 14. Greenbelt Station will be closed and there will be no train services between Greenbelt and College Park UMD Station. City Hall and Davis Hall Window Service Hours will change beginning May 1, 2017. City Hall's Finance window's new hours will College Park City Council Meeting Minutes April 11, 2017 Page 2 no longer include Saturday hours (except for the last two Saturdays in December, January, June and August and first Saturday in July and September), however there will be no change in the Monday through Friday 8:00 a.m. to 6:00 p.m. hours. Davis Hall's finance window's new hours will be Monday through Friday 8:00 a.m. to 4:00 p.m. (except for extended hours from 4:00 p.m. to 6:00 p.m. the last full week in June through the first week of July and the first week in January). The College Park Farmers Markets will open April 22 and 23; the City’s Code Enforcement Department will be conducting the inspections on the tents at the Farmers Market. The Public Works yard will be open for Spring Clean-up on Saturday April 22 and 29 from 7:30 a.m. – 12 noon. Volunteers are needed for the building the Hollywood Community Garden located at Edgewood Road and Rhode Island Avenue Garden on April 15th. Proclamations: Mayor Wojahn read the Proclamation for Earth Day 2017 and Distracted Driving Awareness Month. Amendments To And Approval Of The Agenda: A motion was made by Councilmember Brennan and seconded by Councilmember Day to approve the Agenda as presented, 8-0-0. Public Comment On Consent And Non-Agenda Items: James Mulholland, Phi Psi Friends, 4615 College Avenue: Phi Psi Friends are available to help residents with yard work or anything they need around their house. You may contact them at www.phipsiumd.com. William Klajbor, SGA Director of Sustainability, 4207 Knox Road: Prince George’s County approved legislation prohibiting the use of Styrofoam food service products. He would like to see the City take initiative and collaborate with the County on the ban of Styrofoam in City restaurants. PRESENTATIONS: Aaron Marcavitch, Executive Director, Maryland Milestones/ATHA Inc. gave an annual update on activities: Bowie, Glenn Dale and Cheverly will be added to the heritage area later this week. The new offices are now located at Pyramid Atlantic Art Center located at 4318 Gallatin Street, if we have any memorabilia that we would like to have displayed, please contact Mr. Marcavitch. Monthly bike tours and lectures will launch soon. They are seeking to expand and diversify their funding. They will continue working with bike infrastructure, bike trails and looking at Route 1 from the perspective of tourism and economics. The annual Bike Rally and scavenger hunt will be held on May 6. The annual dues notice has gone out to every municipality. Since there is concern regarding the safety of people using the trails, they have been in contact with the police and they are stepping up their patrols on the pathways. PUBLIC HEARING 17-O-03: Mayor Wojahn opened the Public Hearing on Ordinance 17-O-03, Ordinance of the Mayor and Council of the City of College Park, Amending 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 and invited Mr. Ryan to provide an overview. College Park City Council Meeting Minutes April 11, 2017 Page 3 Mr. Ryan stated that as of January 1, 2017, the monthly parking permit fees in the Lord Calvert Manor area were increased by Ordinance 16-O-07.Amended to $60.00 per month. This area includes monthly permits issued in Zones 11 and 11A, and for Knox Road and Hartwick Road. After receiving additional information with respect to the impact of the increase, the Mayor and Council reviewed the fees for monthly parking permits issued for this area, and determined that a reduction of the monthly fee to $40.00, effective July 1, 2017, was appropriate. Mayor Wojahn invited public comment on this Ordinance. There were no speakers, and the Public Hearing was declared closed. CONSENT AGENDA: A motion was made by Councilmember Stullich and seconded by Councilmember Dennis to adopt the Consent Agenda, which consisted of the following: 17-R-03 Resolution Of The Mayor And Council Of The City Of College Park, Maryland Adopting The Recommendation Of The Advisory Planning Commission Regarding Departure Number CPD-2017-02, 8505 Baltimore Avenue, College Park, Maryland, Shri Paramhans Advait Mat (Hindu Temple), Recommending A Departure To Permit A Free-Standing Sign (Appeal Period ends April 11, 2017) 17-R-04 Resolution Of The Mayor And Council Of The City Of College Park, Maryland Adopting The Recommendation Of The Advisory Planning Commission Regarding Departure Number CPD-2017-03, 9205 Baltimore Avenue, College Park, Maryland, Print Shop, Recommending Disapproval To Permit An Internally-Lit Plastic, Box Sign (Appeal Period ends April 11, 2017) 17-G-56 Approval of Minutes: March 21, 2017 Worksession; March 21, 2017 Special Session; March 28, 2017 Regular Meeting. The motion passed 8 – 0 – 0. ACTION ITEMS: 17-G-53 Consideration of a request to grant an exemption to park a company van in the 9100 block of Drake Place Mr. Ryan stated that Charles Dukes, resident and property owner of 9103 Drake Place, has submitted a request to park an unmarked company van on the street in front of his home. Mr. Dukes has been parking this vehicle there for some time now and he recently received a citation when a complaint was filed against his vehicle. This vehicle does exceed the vehicle weight as allowed in the code. Mr. Dukes stated that he purchased this vehicle in 2003 and he has never received a citation until just recently. He has lived in his house or 23 years and this is the first citation he has received on any of his vehicles. He requested to be able to park his truck in front of his home. College Park City Council Meeting Minutes April 11, 2017 Page 4 A motion was made by Councilmember Kujawa and seconded by Councilmember Brennan to approve an exception to allow Mr. Dukes to park his Ford van, MD Tag #1AT7711 on Drake Place near his home. The motion passed 8 – 0 – 0. 17-G-57 Purchase of replacement vehicles Mr. Stumpff stated that three trucks and eight sedans need to be replaced since the vehicles have reached their projected end of useful life or need to be replaced because of mileage and/or availability of parts for the vehicles. By utilizing the State bid contracts for selected vehicle types, lower prices can be obtained than if we purchased through a dealer. Councilmember Dennis asked if these vehicles were going to be purchased with FY2017 funds, if all vehicles were going to be purchased at one time, and why they were replacing the vehicles. Mr. Stumpff stated the money would come from the CIP account, the contracts will go to the dealer later this week and vehicles would arrive within days of each other. All of the vehicles that are being replaced are over ten years old and may now start costing more in repairs than what they are worth. All of the vehicles that are being replaced will be sold at auction. Councilmember Brennan asked if we are purchasing the C-MAX Hybrid plug-in. Mr. Stumpff stated that that we are purchasing the C-MAX Standard, as these vehicles do not have that option at this time. Once all electric vehicles are available at a fleet price, they will purchase one to make sure it is compatible with what we need. A motion was made by Councilmember Dennis and seconded by Councilmember Brennan to award contracts, in a form acceptable to the City Attorney, to: 1) Sport Chevrolet Co., Inc. of Silver Spring, MD to purchase three (3) 2017 Chevrolet 2500, ¾-ton pickup trucks in the amount of $88,616.00; and: 2) Hertrich Fleet Services, Inc., of Denton, MD, to purchase eight (8) 2017 Ford C-MAX Hybrid sedans in the amount of $181,696.00; and to authorize the City Manager to sign the contracts. The motion passed 8 – 0 – 0. 17-G-59 Approval of a motion to remand appeal number CPD-2017-02, Holiday Inn Express, to the Advisory Planning Commission A motion was made by Councilmember Cook and seconded by Councilmember Nagle to remand Appeal Number CPD-2017-01, for a property located at 9020 Baltimore Avenue, requesting a Departure from the Sign Design Standards of the US 1 Corridor Sector Plan Development District Standards, to the Advisory Planning Commission for issuance of a recommendation to approve or deny the departure, based on the record and any information required to clarify the record. College Park City Council Meeting Minutes April 11, 2017 Page 5 Councilmember Cook stated that the Advisory Planning Commission is capable of making a firm decision on this issue. The motion passed 8 – 0 – 0. 17-O-03 Adoption of Ordinance 17-O-03, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending 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 A motion was made by Councilmember Day and seconded by Councilmember Cook to adopt 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. Councilmember Brennan feels that the quality of life of residents in this area will be impacted with the permit fee increase. Regardless of the cost of a parking permit, this area will fill up with vehicles. If we are trying to reduce the number of vehicles in this area, we should install additional yellow curbs. Since most people in this area come and go throughout the school year, he feels a charge of $10 for each permit per semester is sufficient. Amendment #1: An amendment to the main motion was made by Councilmember Brennan and seconded by Stullich to reduce the permit fee to $10.00 every six months from August through January and February through July. Councilmember Brennan further stated that if we do create different price points for parking zones, we need to have a broader discussion about parking and the complexity of parking in our City since there are many zones and many different scenarios. There needs to be a strong defined policy if we are going to address parking as it relates to density in certain areas. There were no comments from the audience regarding the amendment. Mr. Keosian stated that there is no clear explanation of how the $60 monthly permit parking fee was originated during the last ordinance change. He would like clarification of how the $60 permit parking fee and now the $40 permit parking fee was determined for this area. Mr. Ryan stated that over a year ago, staff met with the developers of Terrapin Row and the discussion of pay-to-park for the retail business began. A $50 per month on-street permit parking fee has been in place for several years on Hartwick Road and Knox Road. Many discussions of permit parking have taken place in the past year; last summer Council approved a $125 monthly permit fee for the parking garage and $60 for on-street monthly permit in the area of Guilford Road and Hartwick Road. Further discussion lowered the fee to $40 and that’s where we are now. College Park City Council Meeting Minutes April 11, 2017 Page 6 Mr. Keosian further requested justification of the increase in the permit parking fees for this area. Is the increase due to the development in this area of the City, the attraction of the business area, the desire to live in the area, or the market rate of the parking in the area? Mr. Ryan stated that this area is very different from other permit parking zones; there are no single-family homes or one/two family dwellings. They are all apartment buildings, some remaining Knox Box buildings and Terrapin Row. Councilmember Stullich stated that prior to Terrapin Row being built, it was apparent that they were not going to have enough parking spaces for their tenants and overflow vehicles would have to park on the street. This is a very different situation compared to the residential neighborhoods. Permit parking fee rates in the Knox and Hartwick Road area have been set at $50 for several years and Council wanted the two areas to be equivalent. The $60 permit fee was tied into the parking garage fee, as they wanted the fee less than half as the price for permits in the parking garage. When the fee of $60 was implemented, some residents expressed their displeasure with the increased cost. When the permit parking fee was discussed again at a recent Worksession, there was not enough support to lower the permit fee to $10 per semester and the $40 fee was proposed as compromise. Councilmember Stullich further stated that particularly with new high-rise development, there is not enough space for everybody to park a vehicle. We expect developers to provide parking for their tenants but they are also restricted from providing parking for everyone. People are encouraged to not bring their vehicles but to use public transportation or walk when in the Downtown area. Councilmember Nagle said we do have to be consistent in determining these fees. In the future, we will have additional multi dwelling housing units that will house individuals paying market rates and will face the same situation of not enough parking. If this was the only area that would be affected by the parking, Council should lower the fee. She would like to keep the parking permit fees consistent throughout the City. Councilmember Brennan stated that there is an assumption that by increasing the cost of the permits that it is going to affect the demand/supply of parking that we have available. Regardless of the cost of the permits, there are a limited number of spaces available and we will make them accessible to the services that are provided or we are going to restrict it to people who have the financial means. By increasing the cost of the permit, we will not deter individuals from bringing their vehicles to the City. Councilmember Stullich stated that when the Knox Boxes were located in that area there were fewer people and less demand for on-street parking. If the rate is lowered to $10 per semester and the Terrapin garage is charging over $125 per month, it’s likely that people will be competing for the on-street parking spaces and the people who have permits now may not get them in the future. Vote on Amendment #1, the amendment to decrease the permit parking fee in the Lord Calvert Manor Area, for Zones 11 and 11A and on Knox Road and Hartwick Road to $10.00 every six months from August through January and February through July: College Park City Council Meeting Minutes April 11, 2017 Page 7 Yes: Councilmembers Brennan and Stullich No: Councilmembers Cook, Day and Nagle Abstain: Councilmembers Kujawa, Dennis and Kabir Amendment #1 failed 2 – 3 - 3. Amendment #2: An amendment to the main motion was made by Councilmember Stullich and seconded by Councilmember Brennan to amend the motion 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 $20 per month, effective July 1, 2017. Councilmember Nagle stated that after many lengthy discussions on the permit parking fees, the $40 fee was already discussed at a previous worksession as a compromise. Vote on Amendment #2: Yes: Councilmembers Brennan and Stullich No: Councilmembers Dennis, Cook, Kujawa, Day, Kabir and Nagle Amendment #2 failed 2 – 6 – 0. Vote on the main motion: to adopt 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. The main motion passed 7 - 1 - 0 without amendment (Brennan opposed). 17-CR-01 Introduction of Charter Resolution 17-CR-01, A Charter Resolution of The Mayor And Council Of The City Of College Park To Repeal The City Of College Park Charter In Its Entirety And To Enact A New Charter A motion was made by Councilmember Nagle and seconded by Councilmember Day to introduce Ordinance 17-CR-01, A Charter Resolution of The Mayor And Council Of The City Of College Park To Repeal The City Of College Park Charter In Its Entirety And To Enact A New Charter. Mayor Wojahn announced that the Public Hearing will be held on April 25, 2017 at 7:30 p.m. in the Council Chambers. 17-G-58 Appointments to Boards and Committees A motion was made by Councilmember Stullich and seconded by Councilmember Brennan to reappoint Charlene Mahoney to the Education Advisory Committee, reappoint Suzie Bellamy to the Animal Welfare Committee, appoint Rosemarie Pertarci to the Seniors Committee, appoint Mary Anne Hakes to the Seniors Committee, appoint Daniel First to the Education Advisory Committee, reappoint Patti Stange to the Animal Welfare Committee, and reappoint John Lea Cox as the City Forester. College Park City Council Meeting Minutes April 11, 2017 Page 8 The motion passed 8 – 0 – 0. COMMENTS: Mr. Keosian reminded everyone of the SGA Town Hall with the City Council on Monday, April 17 at 7:30 p.m. at the School Public Health Building, 4200 Valley Dr., College Park, MD 20742, Room 1301. He will send questions over later this week. SGA Elections will begin tomorrow. ADJOURN: A motion was made by Councilmember Brennan 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 9:03 p.m. ____________________________________________ Yvette Allen, CMC Date Assistant City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 9:20 p.m. on April 4, 2017, during a regularly scheduled meeting of the College Park City Council, a motion was made by Councilmember Brennan and seconded by Councilmember Dennis to enter 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 7-0-0 and the Council entered into the closed session at 9:27 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Brennan, Dennis, Stullich, Day, Kujawa and Cook. Absent: Councilmember Nagle participated by telephone. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk; Terry Schum, Director of Planning; and Chris Keosian, Student Liaison. Topic Discussed: 1. Council discussed a possible offer on a property in the City that might be purchased for a public purpose. 2. The City Attorney gave an update on a legal issue that is before the Zoning Hearing Examiner. College Park City Council Meeting Minutes April 11, 2017 Page 9 Action Taken: 1. Council voted to authorize staff to make an offer on a property in the City, and set parameters for the offer. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Kujawa to adjourn the closed session, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the closed session at 10:40 p.m. Pursuant to §C6-3 of the College Park City Charter, at 9:03 p.m. on April 11, 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, and to consult with Counsel on a legal matter. The motion passed 8-0-0 and the Council entered into the closed session at 9:07 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; and Yvette Allen, Assistant City Clerk. Topic Discussed: The City Manager updated the Council regarding discussions related to a property that the City may want to acquire for a public purpose; the City Attorney advised Council on the same; Council discussed the next steps. 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 9:35 p.m. on April 11, 2017, with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session.