Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, November 14, 2017 Council Chambers 7:30 p.m. – 10:13 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich, Day, and Cook. ABSENT: Councilmember Kujawa 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; Steve Halpern, City Engineer; Jeannie Ripley, Code Enforcement Manager; Miriam Bader, Senior Planner; Chris Keosian, Student Liaison. Councilmembers-elect John Rigg, Kate Kennedy and Denise Mitchell. Mayor Wojahn opened the meeting at 7:41 p.m. following the 6:30 Closed Session. ANNOUNCEMENTS: Councilmember Brennan announced this month’s Third Thirsty Thursday and the upcoming College Park Community Foundation Gala. Councilmember Dennis announced the police Coffee Club tomorrow morning at Jason’s Deli. CITY MANAGER’S REPORT: Mr. Somers announced the City’s One Warm Coat drive and discussed curbside leaf collection. PROCLAMATION: Mayor Wojahn read the proclamation for Small Business Saturday. AMENDMENTS TO AND APPROVAL OF THE AGENDA: The agenda was approved without amendment (Dennis/Day) 7-0-0. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: John Robson, Chief, Board of Election Supervisors: Mr. Robson certified the results of the November 7 election and said the challenge period begins now. He added this was the largest number of voters since 1991. PRESENTATIONS: A. WSSC Rates – Joseph F. Beach, Chief Financial Officer, Washington Suburban Sanitary Commission: Mr. Beach reviewed the PowerPoint that described the different rate structures under consideration. The Commissioners will vote tomorrow on which ones to send to the Counties for review. Counties will have four months to review and make their recommendations to WSSC. New rates will take effect June 2018. Provide input at: budgetgroup@wsscwater.com. College Park City Council Meeting Minutes November 14, 2017 Page 2 PUBLIC HEARINGS A. Public Hearing on Petition Request for Traffic Calming on Kenesaw Street between 51st Place and 52nd Avenue Mr. Halpern reviewed the staff report. The traffic study showed that speed and traffic volume warrants were not met. Daron and Kirstin Showalter, 5121 Kenesaw Street: They have a small child. This is one of the few streets without a speed bump so it is used as a cut through to Metro. They are in favor of traffic calming. Rachel and Alex Ortiz, 5112 Kenesaw Street: They have a small child. There are no sidewalks on the street and a lot of kids who have to walk in the street. There is more traffic now that the road construction is done. They are in favor of traffic calming. There being no further public comment, Mayor Wojahn closed this public hearing. B. Public Hearing on Ordinance 17-O-08, an Ordinance Of The Mayor And Council Of The City Of College Park Authorizing The Acquisition Of Certain Property Located At 3545 Marlbrough Way, College Park, Maryland, For A Public Purpose Mr. Somers said that Council previously approved the Contract of Sale for the College Park Woods Swimming Club property and that this ordinance is needed to approve the acquisition. He reviewed the staff report. Oscar Gregory, 9253 Limestone Place: He was originally in favor of this acquisition but now wants to know what guarantees there are that the property will be preserved for neighborhood use now and in the future, and that it won’t be rezoned and redeveloped. There being no further public comment, Mayor Wojahn closed this public hearing. CONSENT AGENDA: A motion was made by Councilmember Brennan and seconded by Councilmember Stullich to adopt the Consent Agenda, which consisted of the following: 17-R-24 Resolution of the Mayor and Council of the City of College Park adopting the recommendation of the Advisory Planning Commission regarding variance application number CPV-2017-10, 5017 Indian Lane, College Park, Maryland, recommending approval of a variance from the Prince George’s County Zoning Ordinance Sec. 27-442(c) Table II, which prescribes a maximum lot coverage of 30 percent in the R-55 Zone, in order to replace a damaged addition. 17-R-23 Resolution of the Mayor and Council of the City of College Park adopting the recommendation of the Advisory Planning Commission regarding variance College Park City Council Meeting Minutes November 14, 2017 Page 3 application number CPV-2017-09, 8909 34th Avenue, College Park, Maryland, recommending approval of a variance from the Prince George’s County Zoning Ordinance Sec. 27-442(c) table II, which prescribes a maximum lot coverage of 30 percent, and recommending approval of a variance from Sec. 27-442(e) Table IV, which specifies a minimum rear yard setback of 20-feet in the R-55 Zone, in order to construct a deck. 17-G-129 Approval of revised City Recreation Facilities Rules and Regulations 17-G-130 Approval of Minutes from the September 19, 2017 Worksession, the September 26, 2017 Regular Meeting, and the October 3, 2017 Worksession. 17-G-133 Approval of amendments to the Property Use Agreement with The Jerk Pit in substantially the form attached. 17-G-134 Approval of an MOU with the CPCUP for a concrete sidewalk and pedestrian lights on the northbound lane of US 1 between Albion Road and Riverdale Park Station in substantially the form attached. 17-G-132 Approval of an amendment to Contract CP-17-01 Option 1 “Miscellaneous Concrete Maintenance and Asphalt Resurfacing” with NZI for construction of the sidewalk from Albion Road to Riverdale Park Station (Cafritz development) on US 1 that is the subject of the MOU with CPCUP. 17-G-135 Authorize the City Manager to prepare and execute a contract with Wallace Montgomery and Associates of Hunt Valley, MD for the feasibility study and design of a Campus Drive Sidepath in the amount of $87,600 subject to contract approval by the City Attorney. The motion passed 7 – 0 – 0. ACTION ITEMS: 17-G-131 Council Action on Petition Request for Traffic Calming on Kenesaw Street between 51st Place and 52nd Avenue A motion was made by Councilmember Nagle and seconded by Councilmember Kabir to approve the installation of traffic calming on this block and to allow the engineer to site and install same. The motion passed 7-0-0. College Park City Council Meeting Minutes November 14, 2017 Page 4 17-O-08 Adoption of Ordinance 17-O-08, an Ordinance of the Mayor and Council of the City of College Park Authorizing the Acquisition of Certain Property Located at 3545 Marlbrough Way, College Park, Maryland, for a Public Purpose A motion was made by Councilmember Cook and seconded by Councilmember Nagle to adopt Ordinance 17-O-08 to purchase the College Park Woods Swimming Club property for a public purpose. Councilmember Cook referred to Mr. Gregory’s comments and asked when those remarks would be made on the title. Ms. Ferguson said restrictions on the title would not be included unless requested by the City, but that there are two restrictions already. One is in the ordinance which indicates the “public purpose” for a community meeting space and open space. And since the City is acquiring the property with Program Open Space funds the City must maintain the property for 25 years consistent with the program guidelines. The motion passed 7-0-0. 17-G-126 Approval of a letter to SHA in follow-up to their presentation to Council on October 10, 2017 A motion was made by Councilmember Brennan and seconded by Councilmember Dennis that the attached letter be sent to Brian Young at State Highway Administration. Councilmember Brennan supports the changes we are asking for and expressed concerns about how we can fulfill the vision we have for our City when we don’t have control of our streets and rights of way. The motion passed 7 – 0 – 0. 17-O-09 Introduction of Ordinance 17-O-09, an Ordinance of the Mayor and Council of the City of College Park Authorizing the Acquisition by Negotiation or Condemnation of Certain Properties Located at 7409 and 7411 Baltimore Avenue, College Park, Maryland, for a Public Purpose. A motion was made by Councilmember Stullich and seconded by Councilmember Day to introduce Ordinance 17-O-09, an Ordinance of the Mayor and Council of the City of College Park Authorizing the Acquisition by Negotiation or Condemnation of Certain Properties Located at 7409 and 7411 Baltimore Avenue, College Park, Maryland, for a Public Purpose Mayor Wojahn said the Public Hearing will be held on November 28, 2017 at 7:30 p.m. in the Council Chambers. College Park City Council Meeting Minutes November 14, 2017 Page 5 17-O-01 Introduction of Ordinance 17-O-01, an Ordinance of the Mayor and Council of the City of College Park Amending Chapter 87 “Building Construction”, by repealing and reenacting §87-23 “Fences”, to authorize front yard garden fences, change the variance criteria for fences, conform to county code requirements, and definitions, clarify that a variance is not required to replace an existing fence with similar materials, or materials such as wrought iron, split rail, or picket, and clarify existing requirements, and, together §87- 19, “appeals”, to enact conforming changes. A motion was made by Councilmember Nagle and seconded by Councilmember Brennan to introduce 17-O-01, an Ordinance of the Mayor and Council of the City of College Park Amending Chapter 87 “Building Construction”, by repealing and reenacting §87-23 “Fences”, to authorize front yard garden fences, change the variance criteria for fences, conform to county code requirements, and definitions, clarify that a variance is not required to replace an existing fence with similar materials, or materials such as wrought iron, split rail, or picket, and clarify existing requirements, and, together §87-19, “appeals”, to enact conforming changes. Mayor Wojahn announced that the Public Hearing will be held on November 28, 2017 at 7:30 p.m. in the Council Chambers. 17-R-22 Oral Argument on CPV-2017-06, 6905 Baltimore Avenue, exception to the Advisory Planning Commission’s recommendation for a Variance to Approve an Existing Driveway. [The Court Reporter transcript will substitute for minutes of the Oral Argument.] A motion was made by Councilmember Stullich and seconded by Councilmember Day to grant the requested variance of 4.3%, the three criteria having been met, and refer for document. Councilmember Cook will oppose the motion because she doesn’t agree that criteria #2 was met. The motion passed 6 – 1 – 0 (Councilmember Cook opposed). The Resolution based on the discussion and outcome will be written by the City Attorney and brought back for Council approval at a future meeting. 17-G-136 Appointments to Boards and Committees A motion was made by Councilmember Nagle and seconded by Councilmember Dennis to appoint Arelis Perez to the College Park Seniors Committee, reappoint Anita Wolley to the Martin Luther King, Jr. Tribute Committee, reappoint Barbara Pianowski to the Recreation Board, and reappoint Nora Eidelman and Alan Bradford to the Ethics Commission. The motion passed 7-0-0. COUNCIL COMMENTS: College Park City Council Meeting Minutes November 14, 2017 Page 6 Councilmember Nagle asked about the holiday lights contest. She asked her colleagues to send information about voters who don’t live here anymore to the County. Councilmember Dennis thanked the Veterans Memorial Committee for the Veterans Day event on Saturday. Councilmember Cook remarked on the Jerk Pit PUA and said that just because people don’t complain doesn’t mean they aren’t bothered by the noise. She said people don’t come down here anymore because we aren’t listening. ADJOURN: A motion was made by Councilmember Stullich and seconded by Councilmember Dennis to adjourn the Regular Meeting, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the Regular Meeting at 10:13 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter at 10:09 p.m. on Wednesday, November 8, 2017, a motion was made by Councilmember Stullich 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 personnel matter. The motion passed 7 – 0 – 0 and Council entered into the Closed Session at 10:15 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Nagle, Brennan, Dennis, Stullich, Day, and Kujawa. Absent: Councilmember Cook. Also Present: Scott Somers, City Manager. In addition, Bill Gardiner, Assistant City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk; Terry Schum, Director of Planning; Chris Keosian, Student Liaison were present for Topics #1 and #2. Topics Discussed: Topic 1: The City Council discussed whether to waive attorney-client privilege on a certain document and received legal advice. Topic 2: The City Council received an update on a property that the City is interested in purchasing and discussed next steps. College Park City Council Meeting Minutes November 14, 2017 Page 7 Topic 3: The City Manager discussed a personnel matter with the City Council. Action Taken: None. Adjourn: A motion was made by Councilmember Day and seconded by Councilmember Dennis to adjourn the closed session, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the closed session at 11:35 p.m. Pursuant to §C6-3 of the College Park City Charter, at 6:36 p.m. on Tuesday, November 14, 2017, a motion was made by Councilmember Brennan and seconded by Councilmember Dennis to enter into a Closed Session to consult with Counsel on a legal matter. The motion passed 5 – 0 – 0. Present: Mayor Wojahn; Councilmembers Nagle, Brennan, Dennis, Day, and Cook. Councilmember Stullich arrived at 6:52 p.m. and Councilmember Kabir arrived at 7:04 p.m. Absent: Councilmember Kujawa. Also Present: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Victoria Shearer, Esq.; Councilmembers-elect Kennedy and Mitchell. Topic Discussed: The City Council reviewed proposed charter language with Victoria Shearer, Esq. Action Taken: None. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Stullich to adjourn the closed session, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the closed session at 7:36 p.m.