Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, October 22, 2019 Davis Hall, 9217 51st Avenue 7:30 p.m. – 9:52 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg, and Kujawa. ABSENT: Councilmember Mitchell. ALSO PRESENT: Gary Fields, Director of Finance/Acting City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Miriam Bader, Senior Planner; Ryan Chelton, Economic Development Coordinator; Katie Hart, Community Development Coordinator; Bob Ryan, Director of Public Services; Robert Marsili, Director of Public Works; Frank Pacifico, Deputy Director of Public Works; Dan Alpert, Student Liaison; Julia Nikhinson, Deputy Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir discussed a contract police officer who was recently injured in the line of duty. Councilmember Dennis announced Coffee Club. Mayor Wojahn announced Early Voting and Election Day schedules. CITY MANAGER’S REPORT: Mr. Fields reviewed items in the red folder; said next week is a 5th Tuesday so there is no meeting; and reviewed Early Voting and Voting schedules. PROCLAMATIONS: • Mayor Wojahn presented the Business of the Year Award to POSH Cycling and Fitness • Mayor Wojahn read the proclamation for Breast Cancer Awareness Month AMENDMENTS TO AND APPROVAL OF THE AGENDA: Add the reappointment of Chris Gill to the APC during 19-G-148 (Kennedy/Rigg 7-0); add the appointment of Christine Nagle and Lisa Ealley to the Animal Welfare Committee during 19-G-148 (Kabir/Kennedy 7-0); add to November 6 Worksession “Introduction of a fee schedule for bulk trash” (Rigg/Kennedy 7-0). Adopt as amended Rigg/Kennedy 7-0. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: Carol Macknis, resident: People are abandoning bikes and scooters all over in the residential areas. Request for a future Worksession discussion with VeoRide representatives about bikes and scooters being left all over, and about the program for scooters ending at 9:00 (Kabir/Day 7-0). College Park City Council Meeting Minutes October 22, 2019 Page 2 Dave Dorsch, resident: When will the guardrail be built on US 1; there are missing street signs in Old Town; some City cameras need to be relocated from old poles to new poles; the PGPOA will be happy to meet with Councilmember Rigg about the bulk trash fee schedule. PRESENTATION: Mr. Fields presented the quarterly financial report (attached). There are no anomalies, nothing unbudgeted or unexpected, just timing differences. Councilmember Kennedy asked if we have considered “calendaring” the budget to adjust for the timing differences. CONSENT AGENDA: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of the following: 19-G-145 Approval of an MOU with University of Maryland Police Department for live- monitoring of certain City security cameras through FY20. 19-R-21 Approval of Resolution 19-R-21 in support of a Program Year (PY) 46 CDBG Application to Prince George’s County Department of Housing and Community Development for sidewalk construction on 49th Avenue along the Berwyn Neighborhood Playground. The motion passed 7-0. ACTION ITEMS 19-G-146 Approval, with conditions, of Preliminary Plan of Subdivision 4-19028 and the associated Public Utility Easement for Knox Road Development, Greystar, located at 4422 Knox Road Ms. Bader reviewed the revised conditions in the red folder: #1 – Applicant agrees #2 – Applicant agrees #3 – Changes re the ADA compliance in the BPIS: applicant agrees. Added the word “or” between 3a and 3b. #3b – Leave in the stricter language #4a – 4d: no changes; applicant agrees. #5 – Declaration of Covenants amended wording #6 – delete, duplicative. A motion was made by Councilmember Dennis and seconded by Councilmember Brennan that the City Council recommend approval of Preliminary Plan of Subdivision 4-19028 and the associated Public Utility Easement variation request, with the following conditions: 1. Prior to Preliminary Plan certification, the Applicant shall: a. Show a dedication of 5 feet of right-of-way along the Knox Road frontage to the City of College Park and a public access easement between the right-of-way and building front along Knox Road to accommodate a public sidewalk. b. Show a Public Access Easement along Lehigh Road. College Park City Council Meeting Minutes October 22, 2019 Page 3 2. If a fee-in-lieu of mandatory parkland dedication is required by Maryland-National Capital Park and Planning Commission, the City strongly supports using this fee for improvements to the adjacent Southgate Park on University of Maryland Property. 3. Create an ADA-compliant sidewalk, from the subject property to Baltimore Avenue as a priority Bicycle and Pedestrian Impact Statement (BPIS) improvement as long as the cost does not exceed the BPIS cost cap, by either: a. Removing or relocating, if feasible, an existing utility pole on the north side of Knox Road just east of the site or, b. Constructing a new ADA compliant sidewalk from the Grand Stair to Baltimore Avenue. 4. At the time of DSP submission, the Applicant shall give consideration to the following: a. Relocate the easternmost loading dock on Knox Road to Sterling Place or identify another less impactful solution and restrict hours of operation. b. Extend 1st floor retail shopfronts along Knox Road east of Sterling Place and provide direct public access to Knox Road. c. Provide a plan for reconstruction of Lehigh Road that shows the following: i. Minimum 22-foot drive aisle for 2-way traffic. ii. Removal of all pull-in parking. iii. Minimum 6-foot wide sidewalk on north side to connect Grand Stair to Baltimore Avenue. d. Provide a concept plan for improvements to Southgate Park. 5. Prior to DSP approval execute a standard Declaration of Covenants Agreement with the City that includes at minimum the following provisions: a. Acknowledgement of responsibility for maintenance in the Knox Road right-of-way for pedestrian light fixtures, landscaping, and sidewalks. b. Standard language to protect City revenue source if property is sold to a non-taxable entity (PILOT). c. Provide a public art feature to be matched up to $15,000 from City funds. d. Prior to building permit, agree to provide and record an easement for public access on Knox Road between right-of-way and the face of the building. Comments from the audience: Michael Brennan, resident: What does equitable development look like? Affordability, accessibility and sustainability. It is getting harder to incorporate these values as development continues. He envisions a Green New Deal for College Park. Stephen Kenney, non-resident student: Stores like Marathon Deli are crucial to building a college town. New development doesn’t always provide that sense of institution that students often flock to. It is important to work with the owners of these stores to keep them. It is difficult to recruit and maintain lower-income students and have student diversity if housing is unaffordable. Council should work with the developers to make sure this housing development to the maximum amount possible is affordable and accessible for a college that should seek to recruit students from all backgrounds. Mayor Wojahn said the Council will continue to discuss affordable student housing. This area in general is becoming less affordable for housing so it is a big challenge. College Park City Council Meeting Minutes October 22, 2019 Page 4 Councilmember Brennan appreciates the concern for the small businesses that are being displaced and the need for affordable housing. He hopes the City’s next Strategic Plan will incorporate these values. Councilmember Rigg echoed concern for small, mom & pop, unique, non-chain businesses. Mr. Alpert said the ADA compliant sidewalk is crucial for accessibility and it is not enough just to ensure that the money is available, we need to make sure it happens. Having to go through or around the building is not accessible. He has heard this and other concerns from students. $1,500 per bed is insane and not at all affordable. Mayor Wojahn followed up with the applicant on the ADA accessibility issue. He hopes the applicant will do everything possible to make this ADA compliant even if the cost exceeds the BPIS requirement. Mr. Haller said Greystar is working in partnership with TDC and UMD about overall access issues in this area and will make sure Lehigh Road is a far more pedestrian friendly than it is today. For the record, Mr. Haller said Greystar will work to make sure there is an accessible path going back to campus. Mr. Haller said the DSP will come back to the Council in February or March. The motion passed 7-0. 19-G-147 Application for a new Class B, Beer, Wine and Liquor license for the use of M & Amalia’s Kitchen, L.L.C., t/a Taqueria Habanero, 8145-A and B Baltimore Avenue, College Park, 20740 subject to the applicant entering into a Property Use Agreement (PUA) with the City Attorney for the applicant, Wesley Japp, introduced the co-owners, Carlos Alvarado, William Martinez and Dionicio Montero. They are seeking support in their application for their liquor license. Their BOLC hearing is December 17. The restaurant is doing well and customers are asking for an alcoholic beverage to go with their meals. They have met with the City Attorney and are in agreement with the Property Use Agreement. These are experienced restauranteurs and will use the license responsibly. Mr. Alvarado thanked Council for the opportunity. Without their liquor license, they are only providing half of the experience to the customers. They want to complete their vision by providing the customer the full experience. A motion was made by Councilmember Dennis and seconded by Councilmember Brennan that the City support the application for a Class B, Beer, Wine and Liquor license for the use of M & Amalia’s Kitchen, LLC t/a Taqueria Habanero, subject to the applicant entering into a Property Use Agreement with the City in essentially the form attached, to authorize the City Manager to sign the PUA, and to authorize City staff to testify to the BOLC in support of their approval of a liquor license. Councilmember Dennis said he frequents the restaurant, they are usually busy, and the owners were at the early-morning kick-off for College Park Day. College Park City Council Meeting Minutes October 22, 2019 Page 5 Mayor Wojahn asked if the applicant is in full agreement with the PUA. Mr. Japp said absolutely, they are in full agreement, and will use the license responsibly. Councilmember Brennan is pleased to see this small, immigrant-owned business doing well in the City, and appreciates their participation in civic events. He trusts they will be diligent in monitoring the college students who want to drink. The motion passed 7-0. 19-O-14 Introduction Of Ordinance 19-O-14, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending City Code Chapter 119, “Refuse, Yard Waste, Solid Waste And Special Trash,” Chapter 161, “Recycling”, And Chapter 110, “Fees And Penalties”, To Change How Special Trash Is Collected, To Prohibit Placement Of Materials At Properties That Did Not Generate The Materials, To Set Fees For Collection And Fees For Refuse, Recycling And Yard Waste Receptacles, And Penalties For Violations, And To Consolidate Recycling Provisions Into Chapter 161. Ms. Ferguson said the version before the Council tonight was amended after last week’s conversation to set aside the bulk trash question at this point and just handle items 2-10 in the chart. This also updates the chapter itself. Some items in the trash chapter were moved into the recycling chapter. A revision is needed in Section 119-6 regarding improperly placed items. A motion was made by Councilmember Brennan and seconded by Councilmember Day to introduce Ordinance 19-O-14. Councilmember Brennan read the full title. Mayor Wojahn said the Public Hearing will be held on November 12, 2019 at Davis Hall, 9217 51st Avenue. 19-G-149 Council consideration for a water feature for the new City Hall Plaza Ms. Schum said at the project design meeting last week the project management team advised the City that the design drawings are nearing completion and all major design decisions need to be made. One outstanding issue is the idea of a water feature in the plaza. While it has been discussed it was never added to the design or the budget. Meredith Sullivan from Design Collective prepared some cost estimates. There are two preliminary options on the table – a water wall or pop jets. Because we are at the end of the design phase, the permit drawings are being prepared now, which is why the City is being asked to address this tonight. A decision made tonight to move forward with one of the water feature options is revocable; Council can decide later not to move forward if they feel it is too expensive. But if you might want a water feature, there are things that need to be part of the permit set of plans now. The City Manager recommends moving forward with the water wall rather than the pop-jets. It is unknown whether the UMD would share the cost of this feature. There is an opportunity for some sponsorship. Mayor Wojahn doesn’t want to consider the water feature in a vacuum; he wants to consider it as part of the overall vision for the public space. College Park City Council Meeting Minutes October 22, 2019 Page 6 Ms. Sullivan reviewed the initial public visioning process for the building and the plaza. They heard from many people that it would be nice to incorporate a water feature, but Design Collective does not think it makes or breaks the plaza. The plaza should incorporate open space for flexibility and also be welcoming and inviting through landscaping and different seating areas. They are proposing a feature wall along Knox Road that hasn’t been fully developed. They have also discussed public art. In order to consider a water feature in the future, electric and water need to be incorporated under the plaza in the design drawings. Discussion of water feature options, and pros and cons. Costs are ballpark estimates and can be refined, but because the infrastructure would need to be there with any water feature, the cost won’t decrease much. Annual maintenance costs have not been included. Ms. Sullivan said if the Mayor and Council think they might want a water feature in the future, they should include it in the permit drawings now. It is harder to amend the plan to add it; it is easier to take it out. Ms. Sullivan added that you can move forward with just the underground infrastructure (vault, water line and electric) at this time and add the feature later. This would allow time to make a final decision and get more public input. Councilmember Rigg summarized the three options before the Council tonight: Infrastructure only, pop jets, or water wall. Councilmember Brennan added if the Council chooses infrastructure only tonight, it allows for public input later. Councilmember Rigg is frustrated by having to make a decision tonight without clear cost estimates and public input. Ms. Sullivan said it is always more expensive to go back and try to add something later. A motion was made by Councilmember Rigg and seconded by Councilmember Dennis to proceed only with design of the infrastructure to be able to implement a water feature in the future, and to schedule future discussion and engage in a public process about what that water feature might entail, in order to keep the options open and provide maximum flexibility. Comments from the audience: Carol Macknis, resident: The concept isn’t environmentally responsible. A water feature would entail electric and water waste and would not be fiscally responsible. There are problems at Attick Towers that need to be fixed. Oscar Gregory, resident: You are spending money hand over fist. As an alternative how about an eco-friendly native plant wall? Councilmember Day thinks more discussion is needed and wants to leave options open. Councilmember Kennedy agrees and is concerned about cost and environmental factors. She wants a future Worksession discussion. Councilmember Kabir could live with the infrastructure option but is not in favor of a water wall. A sense of place can be less costly. Councilmember Brennan said this is just to set up the structure for the permits. College Park City Council Meeting Minutes October 22, 2019 Page 7 Councilmember Rigg said his motion includes public input and wants more civic engagement on the plaza. The motion passed 6-1 (Kabir opposed). 19-G-148 Appointments to Boards and Committees A motion was made by Councilmember Dennis and seconded by Councilmember Kabir to appoint Christine Nagle and Lisa Ealley to the Animal Welfare Committee, and to reappoint Chris Gill to the Advisory Planning Commission and Dottie Chicquelo to the Martin Luther King Tribute Committee. AUDIENCE COMMENTS: Oscar Gregory, resident: He is interested in what is going on at Attick Towers and asked what the Council is going to do about it. They have issues with mold and need assistance. ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember Brennan to adjourn the Regular Meeting. With a vote of 7-0, the regular meeting was adjourned at 9:52 p.m. _______________________________________ Janeen S. Miller, CMC Date City Clerk Approved