Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, August 14, 2018 Council Chambers 7:30 p.m. – 8:53 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg (arrived at 7:35 p.m.), Kujawa and Mitchell. ABSENT: None. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen Miller, City Clerk; Fred Sussman, City Attorney; Terry Schum, Director of Planning; Miriam Bader, Senior Planner; Bob Ryan, Director of Public Services; Jim Miller, Parking Enforcement Manager; Steve Halpern, City Engineer; and Jonathan Allen, SGA President, sitting in for Alex Tobin, Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kennedy discussed the Hollywood PTA barbecue. Councilmember Dennis said the next Coffee Club is on August 22. Councilmember Mitchell announced a meeting for District 4 residents about the pool property. Mayor Wojahn noted this is the last meeting of the month; announced the “Clear the Shelters” event on Saturday; and the Old Town Civic Association meeting on Wednesday at City Hall. CITY MANAGER’S REPORT: Mr. Somers reviewed the damage and clean-up from last night’s “wind event;” the Department of Public Services is moving at the end of the week to 8400 Baltimore Avenue; free summer parking ends on August 19; and the back-to-school backpack bash at the College Park Community Center. AMENDMENTS TO AND APPROVAL OF THE AGENDA: A motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to move 18-G-112 to the beginning of the Action agenda (8-0); a motion was made by Councilmember Kabir and seconded by Councilmember Dennis to remove 18-R-10 from the agenda because it has been called up for Oral Argument (8-0); the agenda was approved as amended (Brennan/Mitchell) 8-0. COMMENTS FROM THE AUDIENCE: Mary King, resident: How many residents are using the Shuttle-UM? You eliminated an IT position and now are hiring a contractor – how much is the compensation for the contractor? Was the contract advertised? In last week’s Bozzuto discussion, you compared the tax revenue of Plato’s vs. Bozzuto. A better comparison would be the full taxes vs. the requested reduction. She does not agree with a 60% /15 year tax credit; they should pay their full share. College Park City Council Meeting Minutes August 14, 2018 Page 2 Carol Nezzo, resident: Thanked the Council for their letter to the County about the fair election fund. The City should think about doing this as well; it would encourage diversity by providing matching funds. Maintain two-year Council terms. Oscar Gregory, resident: Agrees with Ms. King regarding Bozzuto. Comparing revenues from the new Bozzuto development to Quality Inn is a false comparison. A 5-year tax credit is bad enough; 15 years is absurd. Bill Orleans, non-resident: What was the genesis for the four-year Council term idea? There was no discussion of the merits. Council should take a straw poll before it goes to referendum. Dave Dorsch, resident: Need signs to remind people about the end of free summer parking; need to open up Rhode Island Avenue to Campus Drive; extend the railing on US 1 all the way up the block and ask the bar owners and UMD to pay for it. Nathan Schachter, resident: Chapter 138 (Noise) of the City Code does not address trash trucks emptying metal dumpsters at 5:00 a.m. It makes a very loud noise but is not prohibited in the Code. The Code should be updated and they should be told to come after 7:00 a.m. PRESENTATION: Mayor Wojahn presented a ceremonial $10,000 check to Andrea Tracey and Omar Eaton-Martinez of M-NCPPC in support of the College Park Aviation Museum Airmail Centennial Celebration. PUBLIC HEARING: A. 18-O-07 An Ordinance amending Chapter 184 to prohibit parking of certain vehicles within three feet of a driveway or driveway apron: Mr. Ryan reviewed the staff report. The driveway encroachment prohibition will be enforced only upon complaint. The resident or owner of the driveway has to lodge the complaint and meet with the Parking Enforcement Officer when they come out. Oscar Gregory, resident: This erodes the right of our neighborhoods to self-determination and could effectively reduce the amount of parking space. Dave Dorsch, resident: Concerned this will eliminate parking space. Does it need to be three feet? Would 1 or 2 feet work as well? Eric Newman, resident: In support. He has trouble getting out of his driveway because a pick- up truck is parked right next to his driveway, so this would help him. Especially problematic when cars are parked on both sides of the street. Mary King, resident: This is a positive idea; it can be hard to maneuver. There being no further public comment, Mayor Wojahn closed the Public Hearing. College Park City Council Meeting Minutes August 14, 2018 Page 3 CONSENT AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Rigg to adopt the Consent Agenda, which consisted of: 18-G-108 Renewal of agreement with UMD DOTS for resident and City employee ridership of the Shuttle-UM 18-G-109 Approval of a contract with Kris Robust Information Solutions, Inc. for ongoing IT consulting services as needed 18-R-09 Resolution of the Advisory Planning Commission of the City of College Park Regarding Variance Application Number CPV-2018-05, 5204 Palco Place, 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 Rear Addition. 18-R-11 Adoption of a Resolution of the Mayor and Council of the City of College Park discharging the Neighborhood Quality of Life Committee and thanking the members for their service 18-G-111 Approval of minutes of the June 5, 2018 Worksession, the June 5, 2018 Special Session, the June 19, 2018 Regular Meeting, the July 10, 2018 Special Session, the July 10, 2018 Worksession, and the July 17, 2018 Regular Meeting The motion passed 8-0-0. ACTION ITEMS: 18-G-112 Approval of parameters for a Council-established permit parking zone around The Boulevard at 9091 (formerly Metropolitan). A motion was made by Councilmember Brennan and seconded by Councilmember Kabir to send a letter to residents of the affected area outlining the Council proposal to establish residential permit parking, and to schedule a public hearing to hear resident opinions on this matter. Councilmember Brennan outlined the parameters of the zone and said Delaware Street has been removed from the proposal. The proposal is not set in stone and can be adjusted after resident feedback on September 25. Judy Blumenthal, resident: Written comments attached. Asked about the City’s proactive plans to address the negative impact on the infrastructure from this development and others. Councilmember Brennan asked whether there is an agreement with the developer that residents can’t park on Cherokee Street. College Park City Council Meeting Minutes August 14, 2018 Page 4 Councilmember Kabir asked if residents of The Boulevard could park across the street at the apartment complex. Councilmember Rigg said a piecemeal approach to neighborhood parking issues is not the best use of Council’s time and said there is a need for a more comprehensive City-wide approach. Councilmember Dennis said there have been other discussions about a city-wide parking study. Either we decide to address it, or we don’t and pay the piper. Mayor Wojahn said different neighborhoods deal with parking issues in different ways and that residents need to have input. The motion passed 8-0-0. 18-O-07 Adoption of an Ordinance amending Chapter 184 to prohibit parking of certain vehicles within three feet of a driveway or driveway apron A motion was made by Councilmember Kabir and seconded by Councilmember Brennan to adopt Ordinance 18-O-07 to prohibit parking of certain vehicles within three feet of a driveway or driveway apron. The public hearing was held earlier this evening. There were no comments from the Council. The motion passed 8-0-0. 18-O-08 Introduction Of Ordinance 18-O-08, Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 38, “Code Of Ethics”, By Repealing And Reenacting Article I, “General Provisions”, § 38-4, “Definitions”; Article III, “Prohibited Acts”, §38-11, “Conflicts Of Interest”; And Article IV, “Required Disclosures”, § 38-15 “Required Disclosure By City Elected Officials And Candidates To Be City Elected Officials” And § 38-19 “Authority Of The City Clerk To Receive Documents”; To Exempt Exchange- Traded Funds From The Definition Of Interest, Enact Additional Restrictions On Lobbyist Activity, Prevent Former Elected Officials From Representing Or Assisting A Third Party For Compensation In A Legislative Action Matter For One Calendar Year After Leaving Office, Better Define What Constitutes Use Of Prestige Of Office, Require An Individual Whose Spouse Is A Lobbyist Regulated By The City To Disclose The Entity That Has Engaged The Spouse For Lobbying Purposes And Prohibit Public Access To Home Addresses For Officials And Employees A motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to Introduce this Ordinance. Mayor Wojahn announced that the Public Hearing will be held on September 11 at 7:30 p.m. in the Council Chambers. College Park City Council Meeting Minutes August 14, 2018 Page 5 18-O-09 Introduction Of Ordinance 18-O-09, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 34, “Elections”, Article I, “General Provisions” §34-3, “Definitions”, Article II, “Conduct Of Elections”, §34-5, “Polling Places; Hours Of Voting”, §34-6, “Absentee Balloting”, And §34-9, “Electioneering; Prohibited Practices”, Article III “Fair Election Practices”, §34-15, “Campaign Finance Reports”, And Article IV, “Violations And Penalties; Public Records; Severability”, §34-18, “Violations And Penalties” And Chapter 110 “Fees And Penalties”, §110-2, “Penalties” To Provide For Early Voting, Require That Individuals Independently Making Expenditures Register And File A Report After Spending $100 Or More In An Election Cycle For Campaign Material That Is A Public Communication, Prohibit The City From Requiring An Individual To Provide A Reason That The Individual Will Be Unable To Vote In Person On Election Day In Order To Vote By Absentee Ballot And Require Additional Information In The Absentee Ballot Application, Clarify The No Electioneering Area As Encompassing The Adjacent Parking Lots And 100 Feet From The Entrance To The Polling Place, And Require An Electioneering Area To Be Established Within The 100 Feet, Add Several Sections To §34-9, “Electioneering; Prohibited Practices”, Including By Reference §§16-203, 16-205 And 16-804 Of The State Election Article To Prohibit Disobeying The Lawful Command Of An Election Official, Interfering With Election Officials And Tampering With Electronic Voting System A motion was made by Councilmember Rigg and seconded by Councilmember Day to Introduce this Ordinance. Mayor Wojahn announced that the Public Hearing will be held on September 11 at 7:30 p.m. in the Council Chambers. COUNCIL COMMENTS: Councilmember Dennis spoke about parking in the City and said we should at least understand what the parking problems are and make some plans because we are expecting more development. Councilmember Rigg agrees and said we are going to continue to confront these issues until we address them. Councilmember Brennan discussed the opportunities for public comment at regular meetings, by phone call and in writing, and said we need to weigh public comment at Worksessions against the need for efficient meetings. He said there is no scenario where the City could receive 100% of the tax from the Bozzuto development because of the “but for” test. Councilmember Kennedy requested a discussion of the noise ordinance soon. SGA President Jonathan Allen, filling in for Student Liaison Alex Tobin: Welcomed new students; move-in is this weekend. College Park City Council Meeting Minutes August 14, 2018 Page 6 CITY MANAGER’S COMMENTS: Mr. Somers said the parking and noise items would be added to the agenda soon. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn the Regular Meeting. With a vote of 8-0, Mayor Wojahn adjourned the Regular Meeting at 8:53 p.m. ___________________________________________ Janeen S. Miller, CMC Date City Clerk Approved