Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, October 10, 2017 Council Chambers 7:30 p.m. – 9:38 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Day, Kujawa and Cook. Councilmember Stullich arrived at 7:38 p.m. ABSENT: None. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Jill Clements, Director of Human Resources; Gary Fields, Director of Finance; Terry Schum, Director of Planning; Bob Ryan, Director of Public Services; Steve Halpern, City Engineer; Miriam Bader, Senior Planner; Chris Keosian, Student Liaison; Julianne Heberlein, Deputy Student Liaison. Mayor Wojahn opened the meeting at 7:33 p.m. following an earlier Closed Session. ANNOUNCEMENTS: Councilmember Brennan reviewed College Park Day which was held last Saturday. He announced that the Berwyn District Civic Association meeting will be next Thursday at 7:30 p.m. at Fishnet, and that Third Thirsty Thursday will be held at Milkboy Arthouse. Councilmember Nagle announced the North College Park Community Association will meet this Thursday at 7:30 p.m. at Davis Hall. Mayor Wojahn also reviewed College Park Day and called it a great success. CITY MANAGER’S REPORT: Mr. Somers reviewed College Park Day; discussed the ribbon cutting for Duvall Field that will be Friday at 5:30; and said that Public Works is holding clean- up Saturdays this month. PROCLAMATIONS AND AWARDS: Mayor Wojahn read the proclamation for Indigenous Peoples’ Day AMENDMENTS TO AND APPROVAL OF THE AGENDA: Add 17-G-123, a letter in support of CB-121-2017, providing a tax credit for seniors and retired military personnel (Kabir/Nagle 8-0); approve agenda as amended (Brennan/Stullich) 8-0. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: Dave Dorsch, 4607 Calvert Road: The City should provide free parking for seniors 65+; he is opposed to 17-G-119; the City should repave the sidewalk across the street and remove the trees that are causing the sidewalk to heave. College Park City Council Meeting Minutes October 10, 2017 Page 2 Oscar Gregory, 9253 Limestone Place: He is opposed to 17-G-117 allowing the City Manager to make decisions on the Community event micro-grants; he is against 17-G-119. Spend money on summer youth programs or transportation for seniors. Jazs, north College Park: She discussed the 10th annual College Park Blues Festival and other upcoming Recreation Board events. PRESENTATIONS: A. Annual presentation from SHA with an overview of projects in the City – Erica Rigby, Assistant District Engineer, SHA District 3: Ms. Rigby reviewed her report (see attached PowerPoint). Council raised the following:  Continue median on MD 430 at 48th Avenue for pedestrian refuge  Trim foliage at the NW corner of 48th and MD 430 to improve sight lines  Request for renderings of all projects to post on our website  Kenilworth Avenue at Old Calvert Road needs better signage – people coming out of park do not stop  Request a copy of US 1/Knox Road drainage report B. Presentation on Daniels Park research paper – Council Intern Moriah James: Ms. James reviewed her research paper (see attached) which will be posted on the City website. PUBLIC HEARINGS A. Public Hearing on Ordinance 17-O-07, An Ordinance Of The Mayor And Council Of The City Of College Park, Maryland, Amending Chapter 175 “Taxation”, Article II “Homestead Property Tax Credit”, By Repealing And Reenacting §175-3 “Rate”, To Change The Homestead Property Tax Credit Rate From 102% To 100%. Mr. Fields said this is pursuant to the discussion at the September 19 Worksession where the City Council asked to reduce the Homestead Tax Credit which will provide additional tax relief to resident homeowners in the City effective with the next fiscal year. We introduced this ordinance on September 26. Dave Dorsch, 4607 Calvert Road: What is the reduction based on? Does it save us money or cost us money? Mr. Fields responded that it is based on the property value. By dropping the rate you are providing additional tax credit to the homeowners. At 0%, resident homeowners would not pay tax on any of the increase. Oscar Gregory, 9253 Limestone Place: The single largest source of revenue comes from our homeowners. At last the City Council is taking a step in the right direction. There being no further public comment, Mayor Wojahn declared this Public Hearing closed at 8:55 p.m. College Park City Council Meeting Minutes October 10, 2017 Page 3 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-20 Resolution Of The Mayor And Council Of The City Of College Park Adopting The Recommendations Of The Advisory Planning Commission Regarding Appeal Number CEO-2017-01, Located At 4801 Erie Street, College Park, Maryland, Recommending Approval With Conditions From The Following Requirements: City Code §87-23 B. To Permit The Construction Of A Fence Within The Front Yard And City Code §87-23 C To Permit A Fence Setback Variance Of 24 Feet 17-R-21 Resolution Of The Mayor And Council Of The City Of College Park Adopting The Recommendations Of The Advisory Planning Commission Regarding Appeal Number CEO-2017-05, Located At 4901 Lackawanna Street, College Park, Maryland, Recommending Approval With A Condition From The Following Requirements: City Code §87-23 B. To Permit The Construction Of A Fence Within The Front Yard And City Code §87-23 C To Permit A Fence Setback Variance Of 22 Feet. 17-G-116 Approval to engage O’Malley, Miles, Nylen & Gilmore as the City Lobbyist for the 2018 General Assembly session in an amount not to exceed $20,000 – Bill Gardiner, Assistant City Manager 17-G-117 Approval of revisions to the Community Events Micro-grant Program 17-G-119 Approval of PY 44 CDBG application and authorization for the Mayor to sign it 17-G-121 Approval of the Fall Field Use Request by the College Park Boys and Girls Club 17-G-122 Approval of Minutes from the September 5, 2017 Special Session; September 5, 2017 Worksession The motion passed 8 – 0 – 0. ACTION ITEMS: 17-G-118 Approval, with conditions, of Preliminary Plan of Subdivision 4-17009, for development of the College Park Metro Station site Mayor Wojahn noted the revised set of conditions in the red folder. Ms. Bader said staff has worked with the applicant on the revised conditions. Condition #3 was added today at the request of Park and Planning, but the final wording still needs to be worked out. College Park City Council Meeting Minutes October 10, 2017 Page 4 Thomas Haller, attorney for the applicant: They have worked with staff and are in agreement with revised Conditions #1 and #2. Regarding #3, he understands it came up in a conversation between the City and Park and Planning, and he has hasn’t had any conversation with County staff. He is concerned because they don’t own the property, and never will own the property, so how can a condition be placed on them. The way it is written, WMATA would have to enter into a Public Use Agreement, and he doesn’t think they will. We can have a conversation with staff to make sure the issue is adequately addressed. Councilmember Cook raised concerns about safety in the tunnel, and asked if we can have blue light emergency phones there. Councilmembers followed up by saying they wished that WMATA would leave the Metro tunnel open all night. A motion was made by Councilmember Day and seconded by Councilmember Stullich to approve the staff recommendation to support Preliminary Plan of Subdivision 4-17009 for College Park Metro Apartments and associated variation requests with the following conditions: 1. At the time of Detailed Site Plan submission, the Applicant shall provide an updated analysis of interior sound levels based on the architectural drawings for the subject application. The Day-Night Average Sound Level (DNL) inside the residences shall not exceed 45 dB. In addition, an assessment from an acoustic consultant shall be provided to determine if there will be a perceptible impact to residents living on the west side of the railroad and Metro tracks due to reflective noise from the proposed project. 2. At the time of Detailed Site Plan, the Applicant shall submit a revised exhibit showing improvements to be made to satisfy the Bicycle and Pedestrian Impact Statement (BPIS) adequacy requirements that include the following facilities: a. A revised plan for the Brooks Parcel that provides direct connections to the proposed Purple Line station, pedestrian tunnel and Metro Station and that minimizes the amount of impervious trail surface and impact to existing trees. b. Improvements to the pedestrian tunnel and vicinity that include: 1. Enhancement of the exterior entrances on both sides of the tunnel for better visibility. 2. Replacement of existing light fixtures with LED lighting in heavy-duty vandal proof cages. 3. Repainting the tunnel interior with graffiti resistant white paint. 4. Replacement of old and damaged signage on both sides of the tunnel, subject to approval by WMATA. 5. Relocation of existing ATHA wayfinding sign, if needed, and provide additional wayfinding signage to the tunnel and Metro Station. 6. Replacement of existing convex safety mirror with a new mirror to address the blind turn in the tunnel. c. Construction of missing 5-foot wide sidewalk on the west side of Bowdoin Avenue between Harvard Road and Calvert Road, subject to approval by the City of College Park Engineer. 3. The Applicant and/or owner of the Brooks Parcel, abutting the northern boundary College Park City Council Meeting Minutes October 10, 2017 Page 5 of the subject site shall enter into a Public Use Easement Agreement with the City of College Park or M-NCPPC for the public use of the privately maintained urban plaza/park. Oscar Gregory, 9253 Limestone Place: The Council is asking residents to pay welfare to corporate developers to add more congestion and cost to our crowded City. No one has detailed the impacts to the flood plain. We’ve got to stop this. There were no comments from Council. The motion passed 8 – 0 – 0. 17-O-07 Adoption of 17-O-07, An Ordinance Of The Mayor And Council Of The City Of College Park, Maryland, Amending Chapter 175 “Taxation”, Article II “Homestead Property Tax Credit”, By Repealing And Reenacting §175-3 “Rate”, To Change The Homestead Property Tax Credit Rate From 102% To 100%. A motion was made by Councilmember Nagle and seconded by Councilmember Brennan to adopt Ordinance 17-O-07 to lower the Homestead Tax Credit from 102% to 100%. Due to the earlier public hearing, no additional public comment will be taken at this time. Councilmember Nagle said she is pleased that the City is doing well enough to be able to provide this tax relief to our owner-occupied properties in the City. The motion carried 8 – 0 – 0. 17-G-123 Approval of a letter in support of CB-121-2017, County legislation that would establish a property tax credit for certain elderly individuals and veterans. A motion was made by Councilmember Kabir and seconded by Councilmember Nagle to send a letter of support of CB-121-2017, County legislation that would establish a property tax credit for certain elderly individuals and veterans. Mayor Wojahn said this is for seniors age 65+ who have been in their homes for 40-or-more years. Oscar Gregory, 9253 Limestone Place: This is a step in the right direction. Councilmember Kabir provided information for residents who wish to comment on the bill and asked for a discussion of something similar to be placed on a future Worksession. The motion passed 8 – 0 – 0. College Park City Council Meeting Minutes October 10, 2017 Page 6 17-G-120 Appointments to Boards and Committees A motion was made by Councilmember Kabir and seconded by Councilmember Nagle to appoint Jordan Schakner to the Committee for a Better Environment and the Dr. Martin Luther King Tribute Committee. The motion passed 8 – 0 – 0. COUNCIL COMMENTS: Councilmember Kabir hopes to see everyone at the Duvall Field opening on Friday. Councilmember Brennan said the City’s attention to safety is very important on the Gilbane (Metro development) project because of the danger of the CSX crossing. We must do all we can to create appropriate designs that improve pedestrian safety. Councilmember Kujawa discussed College Park Day. Councilmember Cook said she and Councilmember Dennis will attend the MML Fall Conference in Rockville later this week. Mr. Keosian discussed the SGA-sponsored candidates’ event on Monday October 30. The time has been shifted to 8 – 10 p.m. so as not to conflict with the CPCUP anniversary event. CITY MANAGER’S COMMENTS: The City has received a request from Ms. Sandra Edwards to use the Old Parish House without charge on Saturday mornings for free Yoga classes. This request requires Council’s approval. Council had no objections or concerns. COMMENTS FROM THE AUDIENCE: Dave Dorsch, 4607 Calvert Road: Council has been having a lot of secret meetings for discussions about buying property. He hopes that before the City signs on the dotted line, they hold a public hearing to let residents chime in on whether they think the City should do so. He said he sees people all the time who are walking when they are looking at their phone – people need to pay attention for their own safety. Councilmember Kabir said the underpass under US 1 at Campus Drive is dark. Mayor Wojahn said the CPCUP Transportation Committee is addressing this. Oscar Gregory, 9723 Limestone Place: The only way to stop vehicle-pedestrian accidents is to separate the pedestrians and bicycles from the vehicles by either doing overpasses or underpasses, like they do in Greenbelt. Ask SHA or the state of Maryland to pay for it. ADJOURN: A motion was made by Councilmember Kujawa and seconded by Councilmember Dennis to adjourn the Regular Meeting and 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; to discuss a personnel matter. The motion passed 8-0-0 and Mayor Wojahn adjourned the Regular Meeting at 9:38 p.m. College Park City Council Meeting Minutes October 10, 2017 Page 7 ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter at 9:49 p.m. on Tuesday, October 3, 2017, a motion was made by Councilmember Kujawa and seconded by Councilmember Brennan to enter into a Closed Session 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 7 – 0 – 0. Present: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Day, Kujawa, and Cook. Absent: Councilmember Stullich. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk. Jill Clements attended for Topic 1. Topic Discussed: Topic 1: City Staff discussed proposed changes to personnel policies and benefits with the City Council. Next steps were discussed. Topic 2: City Staff provided an update on negotiations regarding the possible acquisition of real property for a public purpose. Next steps were discussed. Topic 3: The City Attorney provided legal advice to the Mayor and Council. Action Taken: None. Adjourn: A motion was made by Councilmember Day 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 10:36 a.m. Pursuant to §C6-3 of the College Park City Charter, at 6:37 p.m. on October 10, 2017, a motion was made by Councilmember Kabir and seconded by Councilmember Cook to enter into a Closed Session to consult with Counsel on a legal matter. The motion passed 7-0-0 and the Council entered into the Closed Session at 6:42 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich (arrived at 6:42 p.m.), Day, Kujawa, and Cook. College Park City Council Meeting Minutes October 10, 2017 Page 8 Absent: None. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Victoria Shearer, Esq. Topic Discussed: 1. The City Council received legal advice about the City Charter. Next steps were discussed. Action Taken: No actions were taken. Adjourn: A motion was made by Councilmember Cook and seconded by Councilmember Kujawa to adjourn the closed session, and with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session at 7:28 p.m. Pursuant to §C6-3 of the College Park City Charter, at 9:38 p.m. on October 10, 2017, a motion was made by Councilmember Kujawa and seconded by Councilmember Dennis to enter into a Closed Session to discuss a personnel matter; to consult with Counsel on a legal matter; to discuss the possible acquisition of real property for a public purpose and matters directly related to said acquisition; 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 9:44 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 Janeen Miller, City Clerk were present for topic 1. Topic Discussed: Topic 1: Staff provided an update on the negotiations in the possible acquisition of real property for a public purpose. Next steps were discussed. Topic 2: The City Council conducted the City Manager’s Performance Evaluation. Action Taken: No actions were taken. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Kujawa to adjourn the closed session, and with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session at 11:25 p.m.