Mayor & City Council

WORKSESSION MINUTES College Park City Council Tuesday, January 16, 2018 Council Chambers 7:47 p.m. - 9:26 p.m. PRESENT: Mayor Wojahn; Councilmembers Brennan, Dennis, Day, Rigg, and Kujawa. Councilmember Kennedy arrived at 7:58 p.m. ABSENT: Councilmembers Mitchell and Kabir. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Gary Fields, Director of Finance; Terry Schum, Director of Planning; Miriam Bader, Senior Planner; Chris Keosian, Student Liaison; Julianne Heberlein, Deputy Student Liaison; Mayor Wojahn opened the Worksession at 7:47 p.m. after an earlier Closed Session. CITY MANAGER’S REPORT: As of January 22, the City will no longer enforce parking in the Sterling Lot on Lehigh - the new property owner, Terrapin Development Corporation, is assuming responsibility; Christmas trees will be collected by appointment; announced Third Thirsty Thursday and Bowling events. AMENDMENTS TO/APPROVAL OF THE AGENDA: The agenda was approved without amendment (Brennan/Rigg) 5-0-0. AGENDA ITEMS: 1 FY ’19 Budget Preview – Gary Fields, Director of Finance: Mr. Fields reviewed the staff report. In response to questions, he said declining speed camera revenue is due to a new state law that changed the reimbursement under the contract; we are in year 2 of the negotiated union contract, the COLA for years two and three is 2%; and that we don’t have revenue estimates from new development yet. [Councilmember Kennedy arrived.] 2a. Bozzuto Declaration of Covenants, Maintenance Agreement, and Agreement: Manny from Bozzuto; Andre Gingles, Attorney; Carlo Colella, TDC: Manny said Bozzuto has agreed to 2 lights and 3 trees on Hartwick, but they do not want to extend the cycle track in front of Applebee’s. They are asking that when they (Bozzuto) go to SHA, it is only for the improvements in front of their parcel. They are asking the City to use leverage with SHA on this condition, and not to communicate with SHA that the Planning Board condition be carried out. Would they agree instead to indicate the continuation of the cycle track on the existing sidewalk in front of Applebees with a painted line? Manny said, “no problem.” Regarding the lights and trees on Hartwick: Bozzuto and City Manager agreed that Bozzuto would install them and the City would maintain. The City Attorney reviewed the updated language in the Agreement. All three (Agreement, Maintenance Agreement and Declaration of Covenants) will come back for approval next week. College Park City Council Worksession Minutes January 16, 2018 Page 2 of 3 2b. Bozzuto financing request: Mr. Somers reviewed the staff report and display slide (attached). He said any commitment requires both County and City approval. Discussions have revolved around a 15 year, 50% tax credit. At year 16, the tax credit expires, and the full amount of tax on the assessed value of the project comes to the City. He believes it is in the best interest of the City to finance this project; we don’t know what a different project at this location might look like. He referred to the community survey results where a majority of residents expressed a desire for this type of development. The next step is to return at a future Worksession with a proposal for the type of financing agreement – either a Revitalization Tax Credit or a TIF (Tax Increment Financing). We need to determine the pros and cons of each scenario. If we choose the Revitalization Tax Credit, we would need an ordinance to amend our current RTC parameters. In either scenario, a public hearing will be held prior to approval. Any financial incentive would only apply if the current development goes forward as planned. This ask is larger than any we have done before, but incentives like this are used to foster this type of development that might not otherwise have occurred. There is a need for year-round residents, a diversity of entertainment and housing options. A concern was expressed that the retail might not be filled – can we condition a certain level of occupancy? Yes. Return future Worksession. 3 Review of proposed Charter Amendments – Mr. Somers reviewed the staff report. The language included in the redline clarifies that the Mayor has historically and correctly been part of the legislative body, and includes language specifically allowing the Mayor to vote to transfer funds, amend the Charter, and alter an assessment regardless of whether there is a tie vote. It also includes clarifying language about the presiding officer. Most of the changes are housekeeping in nature, but there are substantive changes in C3-1, C6-1 and C6-2. Ms. Ferguson noted there is an updated C6-2 in the red folder. She described the substantive changes in these sections: C3-1 says the Mayor and Council make up the legislative body of the City and hold the legislative powers. That sets the tone for the rest of the Charter by clarifying who votes for what. C6-1 and C6-2 make clear what the Mayor’s role is: to serve as a member of the legislative body, to presides at its meetings, and except as otherwise provided, to vote on matters coming before Council in cases of a tie vote. Some exceptions to that practice were clearly written into the Code, but some others were subject to interpretation. These are being clarified now in C6-2. The Mayor is specifically allowed to vote whether or not there is a tie in three circumstances: 1) State law says you need a 2/3 majority of the legislative body to spend money you haven’t levied or for purposes not previously approved or to transfer funds. This language reflects the actual state law wording. 2) You need a majority of the legislative body to adopt a Charter amendment. 3) There is a previous self-imposed rule that the Mayor votes as a member of the legislative body to alter a front-foot assessment, which is retained. The purpose of these changes is to make clear what type of vote is needed in various circumstances. Some of it is dictated to us by the state and in those cases the actual state wording has been used. State law also dictates that a majority of the legislative body is required to amend the Charter. This Charter amendment defines the legislative body for the City. Council discussed voting scenarios. There was a discussion of abstentions. Abstentions could be discussed during review of the Council Rules & Procedures. Introduce next week (Day). 4 Placeholder: Review of state/county legislation – None. College Park City Council Worksession Minutes January 16, 2018 Page 3 of 3 5 Agenda items for the January 25 Four Cities meeting hosted by College Park – None. 6 Requests For/Status of Future Agenda items – None. 7 Appointments to Boards and Committees – Jane Hopkins to the Rec Board. 8 Mayor and Councilmember Comments – • Councilmember Kennedy commented on last week’s NCPCA meeting regarding the dog park. She hopes we can move forward to find a suitable location. • Councilmember Rigg announced the forum on the Bozzuto development. • Councilmember Dennis announced the Coffee Club, commented on the artwork in the Council Chambers, and said the video of the MLK tribute will run on the City’s cable channel during Black History Month. • Councilmember Brennan announced the next Third Thirsty Thursday event and BDCA meeting. • Mayor Wojahn discussed the elimination of the state and local tax deduction, a federal proposal to invest in infrastructure, and upcoming conferences. 9 City Manager's Comments – None. ADJOURN: A motion was made by Councilmember Brennan and seconded by Councilmember Dennis to adjourn the Worksession and with a vote of 6 – 0 – 0, Mayor Wojahn adjourned the Worksession at 9:26 p.m. __________________________________ Janeen S. Miller Date City Clerk Approved