Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, July 11, 2017 Council Chambers 7:30 p.m. – 9:01 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich (arrived at 7:45 p.m.), Day (arrived at 7:32 p.m.), 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; Chris Keosian, Student Liaison; Julianne Heberlein, Deputy Student Liaison. Mayor Wojahn opened the meeting at 7:30 p.m. Announcements: Councilmember Dennis announced that the Coffee Club would meet at Jason’s Deli tomorrow, and reviewed their summer schedule. He also announced the quarterly meeting of the Lakeland Civic Association would be held on Thursday at 7:00 p.m. at the College Park Community Center. Councilmember Nagle said that in July, at our shelter and at others, adoption fees will be waived for cats and kittens. Councilmember Kabir announced the rain barrel event on Saturday, July 22 at Davis Hall. City Manager’s Report: Mr. Somers said the WSSC contractor will begin resurfacing roads in Daniels Park on Wednesday, July 12. mBike has two new stations – Courtyard Apartments and near the new CVS pharmacy on US 1 and Berwyn House Road. Sign up for College Park Connected (Constant Contact) on our website. A ribbon-cutting for the reopening of Duvall Field was discussed. Acknowledgements: Mayor Wojahn acknowledged former Councilmember John Krouse. Amendments To And Approval Of The Agenda: A motion was made by Councilmember Nagle and seconded by Councilmember Day to add 17-G-92 to the Consent Agenda – this is a request from the City Engineer to approve the installation of certain stop signs on 50th Place. The motion carried 7 – 0 – 0. The agenda was approved as amended (Brennan/Dennis) with a vote of 7 – 0 – 0. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: Oscar Gregory, 9253 Limestone Place: He is against increasing the term lengths for the Mayor and Council. College Park City Council Meeting Minutes July 11, 2017 Page 2 Zari Malsawma, 3433 Duke Street: She discussed the concerns she submitted in writing after her attempt to run for Mayor in the 2015 election and requested a response. PUBLIC HEARINGS A. Public Input on Fence Regulations: Ms. Schum provided an overview. The City and Prince George’s County both have fence ordinances that regulate the location, appearance and height of fences on residential property. The City adopted its own ordinance in 2005 because it wanted to be more strict than the County by 1) not allowing front yard fences with the exception that existing fences could be grandfathered in and remain, 2) by requiring that a permit be obtained when installing any fence on a residential property regardless of its height, 3) to prohibit the use of chain link as a replacement fence material in the front yard, unless it was the original material used, 4) requiring a setback of 25 feet from any street regardless of height. She prepared a fact sheet comparing the City and County ordinances. The Advisory Planning Commission held a listening session in February 2016 and recommended changes to Council. She said the City is considering amending its ordinance to simplify the language and to allow garden fences. The City’s ordinance cannot be less strict than the County’s. Dan Blasberg, 8800 Rhode Island Avenue: He testified in 2005 that the City shouldn’t require permits for every fence. Code Enforcement is inconsistent: three different people, three different answers. What is the need for getting a permit, other than money? Doesn’t see the purpose of the 25 foot setback unless it is a corner – it only leaves him 10 feet of back yard space. Martin Benton, 7101 Rhode Island Avenue: He has a corner lot and is concerned about the 25 foot setback – it would eliminate half of his yard and he doesn’t think his neighbors would like how that looks. He talked to Planning who told him he could apply for a variance, but that is cumbersome, time consuming, and costs $50. He asked about the recourse if the variance is denied. Zari Malsawma, 3433 Duke Street: She is also concerned about the 25 foot setback. She put up a fence then was asked to move it, but it would have cut her back yard in half, so she needed to get a variance. She felt the process was unnecessary. Mayor Wojahn asked Ms. Ferguson if she recalled the Council’s justification for the setback when the law was adopted in 2005. She said the 25 foot setback only applies to corner properties and was designed to prevent the fence from blocking the view of people on the streets. There being no further public input, Mayor Wojahn closed the hearing. College Park City Council Meeting Minutes July 11, 2017 Page 3 B. Charter Amendment 17-CR-02, To Extend Municipal Voting Rights to Non-Citizens Dan Blasberg, 8800 Rhode Island Avenue: 60/40 opposed. Residents can be represented by Council whether they are citizens or not. Lawrence Provost, 5011 Indian Lane: Opposed. Bill Bukoski, 6900 Wake Forest: Opposed. Tim Miller, 5119 Niagara Place: Opposed. Barbara Pando-Behnke, 5212 Paducah Road, Chair, One College Park Coalition: Supports. Julio Murillo, CASA, 8151 15th Avenue, Hyattsville: Supports. Carol Macknis, 5019 Mineola Road: Opposed. John Krouse, 9709 53rd Avenue: Supports for Green card holders or certain types of visas. Zari Malsawma, 3433 Duke Street: Opposed. Oscar Gregory, 9253 Limestone Place: Create a blue ribbon commission to figure it out, then put the question put to the voters. Arun Ivatury, 6705 Rhode Island Avenue: Supports. Jack Robson, 4710 Harvard: Supports for Green card holders only. Todd Larsen, 8711 Rhode Island: Supports. Elaine Grant, 8711 Rhode Island: Supports. Jackie Pearce Garrett, Wichita Avenue: Supports. Susan Blasberg, 8800 Rhode Island Avenue: Opposed. There being no further testimony, Mayor Wojahn closed the Public Hearing, and asked that the record remain open for public comment. 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-R-12 Resolution Of The Mayor And Council Of The City Of College Park Adopting The Recommendation Of The Advisory Planning Commission Regarding Appeal Number CPD-2017-04, For The Property Located At 7131 Baltimore College Park City Council Meeting Minutes July 11, 2017 Page 4 Avenue, College Park, Maryland, Requesting A Departure Of 18 Parking Spaces, 1 Handicap Accessible Space And 1 Loading Space 17-G-90 Award of Contract in substantially the form attached to Redgate of Boston, MA for project management services for a new City Hall project in the amount of $700,000, and authorization for the City Manager to sign the contract 17-G-91 Approval of Minutes: May 16, 2017 Worksession; May 23, 2017 Regular Meeting; June 6, 2017 Worksession; June 6, 2017 Special Session; June 13, 2017 Regular Meeting; and transcript in lieu of minutes for the June 13 Oral Argument in Case No. CPV-2017-01. 17-G-92 Approve the installation of “Stop” signs on the south- and north-bound legs of 50th Place at the following intersections: Geronimo Street, Huron Street, and Iroquois Street. The motion passed 8 – 0 – 0. ACTION ITEMS: None. COUNCIL COMMENTS: Councilmember Kujawa reminded everyone that the next Council meeting is August 2, since National Night Out is on Tuesday, August 1. College Park Woods will celebrate the opening of their new playground at National Night Out. Councilmember Day encouraged everyone to try the new restaurant, Lotsa Pizza. Councilmember Cook announced the Cherry Hill National Night Out event. ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember Kujawa to adjourn into a Worksession to discuss election-related matters. The motion passed 8 – 0 – 0 and the Regular Meeting was adjourned at 9:01. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 7:14 p.m. on July 5, 2017, a motion was made by Councilmember Kujawa and seconded by Councilmember Day to enter into a Closed Session to consult with Counsel on a legal matter. The motion passed 5-0-0 and the Council entered into the closed session at 7:14 p.m. College Park City Council Meeting Minutes July 11, 2017 Page 5 Present: Mayor Wojahn; Councilmembers Nagle, Brennan, Day, Kujawa, and Cook. Absent: Councilmembers Kabir, Dennis and Stullich. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk; Chris Keosian, Student Liaison; Julianne Heberlein, Deputy Student Liaison. Mr. James Marcos attended a portion of the meeting. Topic Discussed: The City Attorney informed the City Council about a request to amend a lease agreement and reviewed the Council’s options in response to the request. Mr. Marcos addressed the Council. Action Taken: None. Adjourn: A motion was made by Councilmember Kujawa and seconded by Councilmember Cook to adjourn the closed session, and with a vote of 5 – 0 – 0, Mayor Wojahn adjourned the closed session at 7:31 p.m. Pursuant to §C6-3 of the College Park City Charter, at 11:00 p.m. on July 5, 2017, a motion was made by Councilmember Kujawa and seconded by Councilmember Stullich 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; to discuss a negotiating strategy before a contract is awarded, and to discuss a personnel matter. The motion passed 8-0-0 and the Council entered into the closed session at 11:02 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich, Day, Kujawa, and Cook. Absent: None. Also Present: Scott Somers, City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk. Jill Clements, Director of Human Resources, attended for Topic #1. Topic Discussed: #1: The City Attorney and City staff advised Council about the termination of a City employee. #2: The City Attorney advised Council about a request for a lease amendment. Next steps were discussed. #3: The City Attorney and City staff advised Council about certain properties that have been under consideration for acquisition for a public purpose, and matters associated with said acquisition. Next steps were discussed. Action Taken: No actions were taken. College Park City Council Meeting Minutes July 11, 2017 Page 6 Adjourn: A motion was made by Councilmember Kujawa and seconded by Councilmember Brennan to adjourn the closed session, and with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session at 12:08 a.m. on July 6, 2017.