Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, March 13, 2018 Council Chambers 7:30 p.m. – 9:25 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg, Kujawa and Mitchell. ABSENT: None. 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; Terry Schum, Director of Planning; Robert Marsili and Brenda Alexander, Assistant Directors of Public Works; Julianne Heberlein, Deputy Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Brennan announced the upcoming loss of parking spaces at the College Park Metro garage. Councilmember Dennis announced the Coffee Club. Councilmember Mitchell announced the West College Park Civic Association meet and greet, and said that March is Colorectal Cancer Awareness Month and Women’s History Month. CITY MANAGER’S REPORT: Mr. Somers pointed out the red folder items and said the Trolley Trail at the Riverdale Park Station property should reopen soon. AMENDMENTS TO AND APPROVAL OF THE AGENDA: The agenda was approved without amendment (Rigg/Dennis) 8-0. PUBLIC COMMENT ON CONSENT AND NON-AGENDA ITEMS: Dave Dorsch, 4607 Calvert Road: We should open Rhode Island Avenue to Campus Drive and should remove newspaper boxes that have been abandoned. David Gray, 7306 Radcliffe Drive: We should go ahead and do redistricting now rather than wait until 2021. Oscar Gregory, 9253 Limestone Place: Spoke in support of 18-G-39. PRESENTATIONS: Prince George’s County Elected School Board Members Lupi Grady and Dinora Hernandez, and Staff Elisabeth Chaisson and Rhianna McCarter, discussed the 2015 Education Facility Master Plan and the current school CIP. College Park City Council Meeting Minutes March 13, 2018 Page 2 PUBLIC HEARINGS: A. Public Hearing on 18-O-02, amending Chapters 144 Occupancy Permits and 110 Fees and Penalties, to authorize biennial inspection of dwelling units in certain hotels and apartments buildings, and to set a fee Bob Ryan provided an overview. Reducing the frequency of certain rental inspections will reallocate 450 hours of staff time annually to exterior property maintenance inspections. He reviewed the criteria outlined in the staff report. Mayor Wojahn invited public comment: Dave Dorsch, 4607 Calvert Road: Opposed. The inspection fee was not cut in half. Consider having the fire department do these inspections instead of staff. David Gray, 7306 Radcliffe Drive: Disagrees with the approach used to arrive at the new fee. What will the reduced revenue impact? Oscar Gregory, 9253 Limestone Place: The third-party inspector is not under the City’s control. The revenue that will be lost could be going into our neighborhoods. There being no further public comment, Mayor Wojahn closed the Public Hearing at 8:34 p.m. CONSENT AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of the following: 18-G-37 Approval of a Contractor Agreement, in a form to be provided by the City Attorney, between the City of College Park and Julie Beavers for Market Manager services for the period April 1, 2018 to March 31, 2019 for the Downtown College Park and Hollywood Farmers Markets 18-G-38 Approval of a letter in opposition to HB 1767/SB1188 – Wireless Facilities – Permitting and Siting 18-G-45 Approval to purchase two landscape dump trucks – Robert Marsili, Acting Director of Public Works 18-G-39 Approval of a letter in support of CB-4-2018 - Public Campaign Financing bill 18-G-40 Approval of Minutes from the February 20, 2018 Special Session and the February 27, 2018 Regular Meeting The motion carried 8-0-0. College Park City Council Meeting Minutes March 13, 2018 Page 3 ACTION ITEMS: 18-O-02 Adoption of Ordinance 18-O-02, an Ordinance of the Mayor and Council of the City of College Park amending Chapters 144 Occupancy Permits and 110 Fees and Penalties, to authorize biennial inspection of dwelling units in certain hotels and apartments buildings, and to set a fee. A motion was made by Councilmember Rigg and seconded by Councilmember Day to adopt Ordinance 18-O-02, to allow the reduction in frequency of inspections of certain areas of certain residential occupancies that meet certain health and safety criteria, from annual to biennial. Councilmember Rigg said this will free up City staff from having to inspect some of the larger, new properties that have professional on-site management as often, and instead refocus those efforts on quality of life and exterior property maintenance matters which will address resident concerns. The reduction in revenue will be offset by the benefit to our residents. Mayor Wojahn said the Public Hearing was held earlier this evening. Councilmember Kabir asked if there are current staffing issues. Mr. Ryan said this measure would free-up about 450 hours of staff time per year to redirect toward exterior property maintenance inspections without adding staff. Councilmember Brennan asked how the fees are determined and if the fiscal impact of the revenue reduction would offset other efforts. Mr. Somers said the goal is to be revenue-neutral and to have justified fees. He doesn’t anticipate a decrease in service or staffing. Councilmember Brennan asked whether we can ensure that the 3rd party inspectors are credible. Mr. Ryan said that in Maryland, sprinkler and fire alarm contractors must be licensed by the Maryland State Fire Marshal’s office and we check for that during inspections. The motion carried 8-0-0. 18-G-41 Approval of an Agreement of Sale to purchase of 7411 and 7409 Baltimore Avenue, College Park, MD, for the City Hall project – Scott Somers, City Manager Mr. Somers provided an overview: We received a call from Mrs. Byrd’s daughter last month who said that Mrs. Byrd is interested in selling her properties to the City for the price that was offered. She indicated that they had not seen some of the information that we sent previously. When we forwarded everything to them again, they expressed their interest in negotiating with the City. The purchase price is $1.6 Million and there are other conditions that are highlighted in the staff report. This project has been under discussion for 20+ years. In 2014 Council directed staff to pursue acquisition of these properties. College Park City Council Meeting Minutes March 13, 2018 Page 4 A motion was made by Councilmember Brennan and seconded by Councilmember Dennis to approve an Agreement of Sale in substantially the form attached based on the term sheet to purchase property located at 7409 and 7411 Baltimore Avenue for a total price of $1,600,000. Councilmember Brennan said this is one step in a very long process that pre-dates most of us on the Council. The Council has set the direction for this project and moving forward tonight shows a commitment to moving forward on this plan. A lot of time and energy has been invested to make this happen. There were no comments from the audience. Councilmember Day said we have been fighting for this for a long time, and it is needed. We have reached a milestone. Councilmember Kabir said tonight we are approving only a small part of this project and the total cost appears to be much higher than we were told in 2014. At that time, we were told the project would cost $7.9M, but now we are told $12.5M. If we had been given that cost back then, we might have selected the Calvert Road site. Councilmember Dennis said this has been discussed for over 20 years. This is the right step. We made the right decision when we decided between Calvert Road and Knox Road for City Hall. Staff has taken steps to help finance a new City Hall which helps to ease his mind. Mayor Wojahn said this is an investment in our downtown area by bringing more workers downtown. It will significantly change the appearance and feel of the downtown area and will provide public space. This is a huge step to serve our residents. The motion passed 6-2-0 (Kabir and Mitchell opposed). 18-G-43 Approval of program guidelines for Chain Link Fence Removal Incentive Program A motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to approve a City of College Park Chain Link Fence Removal Incentive Program Guidelines and Procedures. Councilmember Kennedy said this idea came from the Advisory Planning Commission and she is excited about this moving forward. We want to encourage the removal of chain link fence and she hopes this program will be successful. The motion passed 8-0-0. College Park City Council Meeting Minutes March 13, 2018 Page 5 18-G-48 Approval of a letter to Governor Hogan requesting that Census Tracts 8070 and 8072 be included in Maryland’s request to designate federal Opportunity Zones in Maryland Mr. Gardiner provided an overview. This program was created by the 2017 federal tax cut program. The Governor will submit opportunity zones that meet certain criteria with the intent to attract capital to areas that previously didn’t attract investment capital by providing tax incentives for people who have capital gains tax obligations. The program will take a year or two to roll out. This could add another tool for investors who are planning to have their projects built. The request before you is to ask the Governor to designate two eligible tracts in the City as opportunity zones. There is no local match or tax rebate required. A motion was made by Councilmember Rigg and seconded by Councilmember Day that the Council approve the attached letter requesting that the Governor include Census Tracts 8070 and 8072 in Maryland’s request to designate federal Opportunity Zones. Councilmember Rigg said this targets parts of our City that haven’t had as much economic development in recent years, such as the Hollywood Commercial District, where there is a lot of demand for additional amenities. Mayor Wojahn thanked staff for turning this around so quickly; it is a way to unlock the potential for investment in certain communities. He hopes we can make a strong pitch to the Governor. Councilmember Kabir asked about the plan to market this to investors. Mr. Gardiner said if the Governor includes these tracts in the state proposal to the Treasury, and it is then approved, we would work to make sure that developers and investors know about it. The motion passed 8-0-0. MAYOR AND COUNCIL REPORTS AND COMMENTS: Councilmember Mitchell discussed AARP’s free income tax services. Councilmember Rigg said during Spring Break there is sometimes an increase in B&Es and advised people to take precautions by locking windows and doors. Councilmember Day echoed that statement and said do not leave any valuables in sight. Councilmember Dennis said these types of things are discussed at the PGPD Coffee Club. Councilmember Brennan announced the next Third Thirsty Thursday event which will be followed by the Berwyn District Civic Association meeting, and said that Vigilante Coffee is now open. Councilmember Kennedy said the College Park Community Foundation wants interested people to get involved and it is a great way to meet people. College Park City Council Meeting Minutes March 13, 2018 Page 6 Councilmember Kabir discussed Good Neighbor Day on April 7. Ms. Heberlein said the Absentee Voting bill has passed the senate, and that the Student Liaison application for the next semester is now open. CITY MANAGER’S COMMENTS: Mr. Somers clarified that WMATA said that beginning March 19, about 250 daily parking spaces out of a total of 1300 spaces will be unavailable over the next 16 months. GENERAL COMMENTS FROM THE AUDIENCE: Oscar Gregory, 9253 Limestone Place: Asked if his correction was made to the minutes. Said the interrogation of Councilmember Kujawa during the Charter Amendment discussion was unwarranted and she deserves an apology. We don’t need a $12.5M City Hall. He commended Councilmembers Mitchell and Kabir for voting no on the purchase of the properties. ADJOURN: A motion was made by Councilmember Kennedy and seconded by Councilmember Day to adjourn into a Closed Session to consider a matter that concerns the proposal for a business or industrial organization to locate in Prince George’s County; to consult with Counsel on a legal matter; and to discuss a negotiation strategy. With a vote of 8-0, Mayor Wojahn adjourned the Regular Meeting at 9:25 p.m. ____________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 10:48 p.m. on Tuesday, March 6, 2018, 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 8 – 0 – 0 and Council entered the Closed Session at 10:54 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg (left at 11:33 p.m.), Kujawa and Mitchell. Absent: None. 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. Topic Discussed: 1. The City Council discussed whether to waive attorney-client privilege on a certain document and received legal advice. College Park City Council Meeting Minutes March 13, 2018 Page 7 2. The City Council received legal advice on ways to move forward with the Charter Amendments. Action Taken: None. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Day to adjourn the closed session, and with a vote of 7 – 0 – 0, Mayor Wojahn adjourned the closed session at 11:42 p.m. Pursuant to §C6-3 of the College Park City Charter, at 9:25 p.m. on Tuesday, March 13, 2018, a motion was made by Councilmember Kennedy and seconded by Councilmember Day to enter into a Closed Session to consider a matter that concerns the proposal for a business or industrial organization to locate in Prince George’s County; to consult with Counsel on a legal matter; and to discuss a negotiation strategy. The motion passed 8 – 0 – 0 and Council entered the Closed Session at 9:33 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg, Kujawa and Mitchell. Absent: None. 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. Bob Ryan attended for Topic 1. Topic Discussed: 1. The Mayor and Council received an update from the City Attorney on a lawsuit involving the City. 2. The Mayor and Council received an update from the City Attorney on legal matters regarding the acquisition of the College Park Woods Swimming Club property. 3. The Mayor and Council were briefed on a public financing request by a developer seeking to locate in the City. Action Taken: None. Adjourn: A motion was made by Councilmember Brennan and seconded by Councilmember Kabir to adjourn the closed session, and with a vote of 8 – 0 – 0, Mayor Wojahn adjourned the closed session at 10:49 p.m.