Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, July 17, 2018 Council Chambers 7:30 p.m. – 9:51 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg and Mitchell. ABSENT: Councilmember Kujawa ALSO PRESENT: Scott Somers, City Manager; Janeen Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Miriam Bader, Senior Planner; Bob Ryan, Director of Public Services; Steve Halpern, City Engineer; Alex Tobin, Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir announced Friday night’s free movie at Hollywood Park. Councilmember Kennedy said the grant period for the College Park Community Foundation is open. Councilmember Brennan announced that the sidewalk in front of the Cambria Hotel is open and that M-NCPPC will upgrade the equipment at the Berwyn Neighborhood Playground. Councilmember Dennis said there is no Coffee Club tomorrow. CITY MANAGER’S REPORT: Mr. Somers mentioned the “Lay on the Table” item and reminded everyone about the City’s free summer parking program. ACKNOWLEDGEMENT: Mayor Wojahn recognized new APC appointee Llatetra Brown Esters. AMENDMENTS TO AND APPROVAL OF THE AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Dennis to approve the agenda. The motion passed 7-0-0. PRESENTATIONS: Andrea Tracey, Museum Director, College Park Aviation Museum, gave a presentation on the Air Mail Centennial Celebration being held in August. COMMENTS FROM THE AUDIENCE: Dave Dorsch, resident: Regarding the closed session to discuss the Bozzuto public financing request: The City does not need this project. Other smart developers would look at the location. Why didn’t the Fuse apartments get money. The meeting should be held in public. Oscar Gregory, resident: The discussion of the Bozzuto TIF should be public. Agrees with Mr. Dorsch. College Park City Council Meeting Minutes July 17, 2018 Page 2 PUBLIC HEARINGS: A. Petition Request for traffic calming in the 9500 block of Rhode Island Avenue (west side service road between Iroquois Street and Hollywood Road): Mr. Halpern reviewed the staff report. The traffic study indicates that the traffic volume warrant was not met, but the speed warrant was met. Councilmember Kabir asked how many speed humps would be installed if approved. Mr. Halpern said the distance is 850 feet, so probably 2 speed humps. Councilmember Kennedy said it is a popular biking route – would speed humps present a problem. Mr. Halpern didn’t think so. Oscar Gregory, resident: He has heard that people use the access road to bypass Rhode Island Avenue. B. Ordinance 18-O-06, An Ordinance of the Mayor and Council of the City of College Park to Amend the Fiscal Year 2018 Operating and Capital Budget of the City of College Park, Maryland: Mr. Somers reviewed the staff report. This would provide an amendment to the FY ’18 Budget to authorize use of funding that has already been budgeted for the free dental clinic, the pedestrian safety barrier, and pass-through of grant funds for the Cafritz sidewalk. There is no increase in funding because of this budget amendment. There were no comments from the audience. The public hearing was closed. CONSENT AGENDA: A motion was made by Councilmember Day and seconded by Councilmember Rigg to adopt the Consent Agenda, which consisted of: 18-G-98 Approval of the City co-sponsoring the Lakeland Community Heritage Project Parade 18-G-99 Award of current Miscellaneous Concrete Maintenance and Asphalt Resurfacing Contract CP-17-01 Option year 2 to NZI Construction Corporation 18-G-100 Award of contracts, subject to the approval of the City Attorney, for the City Hall project design team: • Architect – Design Collective in the amount of $1,328,660 • Civil Engineer – A. Morton Thomas & Associates in the amount of $198,200, • Environmental Engineer – Arc Environmental in the amount of $39,670 • Traffic Engineer – Sabra & Associates in the amount of $23,500 College Park City Council Meeting Minutes July 17, 2018 Page 3 18-G-101 Approval of a letter to the Senate Commerce Committee and the House Energy and Commerce Committee opposing Senate Bill 3157 (STREAMLINE Small Cell Deployment Act) and the House companion bill that would preempt local authority on the deployment of small cell towers 18-G-102 Approval of minutes from the May 15, 2018 Special Session; the May 15, 2018 Worksession; the May 22, 2018 Regular Meeting The motion passed 7-0-0. ACTION ITEMS: 18-G-106 Consideration of a vehicle exemption request for a commercial van to park at 5008 Lackawanna Street Mr. Ryan reviewed the staff report: this is a request for exemption from Section 184-8 of the City Code which limits the size and weight of a vehicle whose owner lives at 5008 Lackawanna. Ms. Flores has a permit to operate a home office at this location. Staff has noticed two company vehicles parked there but the request is only for one. Ms. Flores said they have several trucks but only one stays at their home – the other trucks go home with their workers. They just visit for short periods of time during the day. They are just starting their business and can’t afford yet to lease space somewhere else. They are asking for the exemption for at least a year until they get their business off the ground. Councilmember Kabir asked if they have talked to the neighbors. Ms. Flores said no one has complained to them. Councilmember Kabir asked if we have approved similar requests in the past. Jim Miller said similar requests have been approved. Councilmember Kennedy asked the reason that commercial vans of this size and weight are prohibited under the Code. Ms. Ferguson said this is the way that commercial vehicles that are often not favored in residential neighborhoods are defined. Councilmember Rigg asked Ms. Flores how long they have lived in the City. 3 years. How long has the business been in operation? 9 months. He asked about their business plan. If the business works out, they might need to look for another property that does not have the restrictions that College Park does. A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to approve the permit to park one vehicle exceeding 8,500 lbs. GVW, as requested, for an exemption from the “Prohibited Vehicles” ordinance, as described herein. There were no comments from the audience. The motion passed 7-0-0. College Park City Council Meeting Minutes July 17, 2018 Page 4 18-G-103 Approval of Detailed Site Plan DSP-18017 with conditions for JDA Consolidated Storage Ms. Ferguson noted the amended motion. We can not provide approval of all the language in the Declaration of Covenants tonight, but we do have an agreement that it will be resolved before Planning Board. Ed Gibbs, attorney for the applicant. They don’t have any objection to the intent of the covenants and he is waiting to hear back from Johnson’s inside counsel. We will have covenants signed before the Planning Board date. The covenants relate to condition 5. A motion was made by Councilmember Brennan and seconded by Councilmember Kennedy that the City Council recommend approval of DSP-18017 with conditions as specified in the City Staff Report Attachment 1 with the final wording of the Declaration of Covenants subject to the City Attorney. Comments from the audience: James Woodhouse, resident: Opposed. They haven’t improved the highway and traffic still backs up. Oscar Gregory, resident: Opposed. A storage building is not right for the community and its surroundings. Suzanne Johnson, resident: Opposed. Concerned about increased traffic, that it will block visibility to the businesses in back, and construction parking. Myron Hutchison, resident: Opposed. Not in accordance with Sector Plan; no reason to deviate from it. Stasia Hutchison, resident: Opposed. Want to protect quality of life and present a positive gateway to the City. Do not ignore the community’s input. Mary Cook, resident: Read a portion of the Sector Plan related to the north Autoville community. They spent a lot of time on the Sector Plan. Wait to get the right business. Ed Gibbs, attorney for the applicant: The have met with the community several times and understand the concerns. He thinks the use is good for this property. Not everything can be considered when formulating a use table which is why the zoning ordinance provides for an applicant to file a request to amend the use table, which is what they are doing. This property is corridor infill. They are proposing to take a blighted, challenged property and put a $9.8M investment there that will generate $150,000 in taxes and provide a needed service. Councilmember Brennan asked about “interim use” that this proposed project creates. Ms. Schum said the Sector Plan is a long-term vision and it takes a long time to realize redevelopment. We have only just begun development on the corridor, and it starts where the market wants to be, which is why this property has been on the market for a while. It is priced College Park City Council Meeting Minutes July 17, 2018 Page 5 for redevelopment, but the location has constraints. She called it an “incremental use” and said public storage has a growing commercial demand in the market. She said staff struggled with this one but believes it starts redevelopment in this area in a more urban way which is consistent with the Sector Plan. The District Council will make the decision on the use. This use is not expressly prohibited in the Sector Plan, it is not listed anywhere, so anything not expressly listed is considered prohibited. She does not believe it will have a negative impact on the community. Councilmember Kennedy responded to concerns from last week’s meeting: Yes, trucks can turn around in the lot. Johnson said they would be willing to explore signage on the street to make up for the height of the building blocking the building behind it. The facility does meet the parking requirements. Stormwater will be managed on site. The majority of people she spoke with support the project. Councilmember Kabir acknowledged the public comment in the red folder. He read from the Sector Plan. This is not the development the residents want to see and it would set a bad precedent to approve it. We should work harder to market the property. Councilmember Dennis talked about the process: we previously approved the Preliminary Plan of Subdivision, and now we are considering the DSP. It is the District Council that is the final arbiter on the use. Can interested parties speak at that hearing, and when will that be? Ms. Schum said yes, there are opportunities to speak at the District Council public hearing, but she is not sure when that will be. Councilmember Rigg discussed his mixed feelings on this matter and the pros and cons of pragmatism vs. principle. Ultimately he will oppose, because the Sector Plan is our long term vision, and if we continue to deviate from it, it would undermine the vision. Councilmember Mitchell said the Sector Plan was created with resident input so she will oppose this because it does not conform to our vision. Roll Call Vote: Aye: Day, Brennan, Kennedy Nay: Mitchell, Rigg, Dennis, Kabir The motion failed 3-4-0. An alternative motion was made by Councilmember Mitchell and seconded by Councilmember Kabir that the Council send a letter opposing the DSP for JDA Consolidated Storage due to the fact that is not in the use table of the 2010 Sector Plan. There were no comments from the audience. Councilmember Rigg asked if the City votes to oppose the DSP, what implication it has on our further ability to influence the shape of the development. Ms. Ferguson said the City can still comment even we oppose the DSP, by saying in our letter, “if you are going to proceed, we would like you to do this…” and put our conditions forward. College Park City Council Meeting Minutes July 17, 2018 Page 6 A motion was made by Councilmember Rigg and seconded by Councilmember Dennis to amend the motion: That the City recommend disapproval of DSP-18017, but should the District Council choose to approve, that they consider conditions as specified recommended in the City of College Park staff report Attachment 1, exclusive of item #6. Councilmember Rigg said the applicant has presented a quality application to the City, but it is just inconsistent with what the community and the City believe should be developed at the site. Comments from the audience on the proposed amendment to Councilmember Mitchell’s alternative motion: Stasia Hutchison: Opposed. Mary Cook: Opposed. Mayor Wojahn noted that anyone can take any position personally that they wish to take before the Planning Board or District Council, but it is not appropriate for us to reach out to our County Council members, and is not appropriate to have off the record conversations with them, and anyone without the authorization of the entire City Council may not testify on behalf of the City of College Park. If the Council does wish to get these conditions on the record, the appropriate step would be to approve the amendment. Ms. Ferguson clarified that the dedication of land was in the Declaration of Covenants, so it is not included in the motion at the moment. Councilmember Day said we shouldn’t compare this with any other project; the property is a challenge to develop; we are trying to get things done city-wide. If this project goes through, he hopes Johnson continues to work with their neighbors and the City as if there was never an issue. Councilmember Kabir said it would send the wrong signal if the amendment is approved and it doesn’t address the primary concern of the residents about the use. Vote on the amendment by Councilmember Rigg: Aye: Kennedy, Brennan, Dennis, Rigg, Day Nay: Kabir, Mitchell Amendment passed 5-2-0. Vote on the alternative motion, as amended: Aye: Kabir, Brennan, Dennis, Mitchell, Rigg Nay: Kennedy, Day Motion as amended passed 5-2-0. College Park City Council Meeting Minutes July 17, 2018 Page 7 18-G-104 Amendment to the agreement with LIDL regarding the Plaza Ms. Ferguson said we entered into a Declaration of Covenants with LIDL when their DSP was going through the zoning process. Section 10 of the DOC said that LIDL would undertake an art feature or signage project at the corner plaza. After efforts to come to an acceptable design for the feature, the developer asked Planning Department staff to undertake the obligation of working with the neighborhood to suggest the art feature, and Staff is recommending this amendment to Paragraph 10. The Developer will pay for design and installation of the art feature, and the City will maintain it. The remainder of the plaza will be maintained by the developer. There is a letter in the red folder from the developer stating this is acceptable to them. A motion was made by Councilmember Brennan to approve the Amendment to Declaration of Covenants and Agreement Regarding Land Use in substantially the form attached and authorize the City Manager to sign the Amendment. Councilmember Brennan said an art installation at this location will be an important feature for the Berwyn neighborhood, and that the City may be able to explore additional options now. There were no comments from the audience. Councilmember Rigg is pleased to see that there is a plan for public art. The motion passed 7-0-0. 18-G-105 Council Action on petition request for traffic calming in the 9500 block of Rhode Island (west side service road between Iroquois Street and Hollywood Road) A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to approve traffic calming devices for the 9500 block of Rhode Island (west side service road between Iroquois Street and Hollywood Road). There were no comments from the Council. The motion passed 7-0-0. 18-O-06 An Ordinance of the Mayor and Council of the City of College Park to Amend the Fiscal Year 2018 Operating and Capital Budget of the City of College Park, Maryland (Amendment #1). A motion was made by Councilmember Dennis and seconded by Councilmember Brennan to I approve Ordinance 18-O-06, an Ordinance of the Mayor and Council of the City of College Park to Amend the Fiscal Year 2018 Operating and Capital Budget of the City of College Park, Maryland (Amendment #1). The motion carried 7-0-0. College Park City Council Meeting Minutes July 17, 2018 Page 8 18-O-07 Introduction of an ordinance addressing driveway encroachment A motion was made by Councilmember Brennan and seconded by Councilmember Kabir to introduce Ordinance 18-O-07, and Ordinance to prohibit parking within three feet of a driveway. The Public Hearing will be Tuesday, August 14, 2018 at 7:30 p.m. in the Council Chambers. 18-G-107 Council Action on the sponsorship of the Astronomical Data Analysis Software & Systems Hackathon to be held on November 10 – 11, 2018 Councilmember Brennan said he realizes the City is working to create a policy about providing City funds for certain things, and that needs to be in place moving forward so requests like this can be weighed against those requirements. But until then, requests that come forward have to be addressed case-by-case. He circulated information from this requestor about the merits of the request, how it could benefit the City, and they will take action so that both the City and City businesses are highlighted. A motion was made by Councilmember Brennan and seconded by Councilmember Kennedy that the City provide a $1,000 sponsorship of the Astronomical Data Analysis Software and Systems conference, held November 11 – 15 at The Hotel in College Park. There were no comments from the audience. Councilmember Dennis said he is part of the “grant review committee” and hopes we have a draft policy to review soon. The motion passed 7-0-0. COUNCIL COMMENTS: Councilmembers Dennis and Kabir discussed National Night Out on August 7. The Council Worksession will be on Wednesday, August 8. Councilmember Brennan requested a future Worksession to discuss possible consolidation of some National Night Out events in the future (Brennan/Kennedy 7-0-0). Councilmember Mitchell requested a future Worksession to discuss Veterans receiving a tax credit in certain circumstances, similar to Laurel’s (Mitchell/Kabir 7-0-0). CITY MANAGER’S COMMENTS: NLC City Summit early-bird registration – four Councilmembers interested but only 3 budgeted. Council directed staff to register all four. Four Cities Agenda items were discussed. COMMENTS FROM THE AUDIENCE: Oscar Gregory, resident: He does not think the Open Meetings Act allows the Council to meet in closed session about the Bozzuto financing request. College Park City Council Meeting Minutes July 17, 2018 Page 9 ADJOURN: A motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to adjourn the Regular Meeting and enter into a Closed Session pursuant to §C6-3 of the Charter of the City of College Park, to consider a matter that concerns the proposal for a business or industrial organization to locate in Prince George’s County. Specifically, the Mayor and Council will be considering a public financing request by the developer of the Bozzuto project. The motion passed 7-0-0 and the Council adjourned at 9:51 p.m. ___________________________________________ Janeen S. Miller, CMC Date City Clerk Approved Pursuant to §C6-3 of the College Park City Charter, at 9:51 p.m. on Tuesday, July 17, 2018 in the City of College Park Council Chambers, a motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to enter into a Closed Session to consider a matter that concerns the proposal for a business or industrial organization to locate in the County. The Mayor said the Council will be discussing a public financing request by the developer of the Bozzuto project. The motion passed 7 – 0 – 0, and after a brief recess, the Council entered into Closed Session at 9:58 p.m. Present: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg and Mitchell. Absent: Councilmember Kujawa Also Present: Scott Somers, City Manager; Suellen Ferguson, City Attorney; Janeen Miller, City Clerk; Alex Tobin, Student Liaison. Topic Discussed: The Mayor and City Council discussed a new public financing request by the developer of the Bozzuto project. Action Taken: None. Adjourn: A motion was made by Councilmember Mitchell and seconded by Councilmember Brennan to adjourn the closed session, and with a vote of 6 – 0 – 0 (Rigg absent for the vote), Mayor Wojahn adjourned the closed session at 10:24 p.m.