Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, November 12, 2019 Davis Hall, 9217 51st Avenue 7:30 p.m. – 8:58 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy (arrived at 7:35 p.m.), Brennan, Dennis, Day, Rigg, and Mitchell. ABSENT: Councilmember Kujawa. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Miriam Bader, Senior Planner; Robert Marsili, Director of Public Works; Julia Nikhinson, Deputy Student Liaison. Councilmember- elect Mackie was also in attendance. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir announced the North College Park Community Association meeting. Councilmember Mitchell announced the College Park Woods meeting about the clubhouse and discussed yesterday’s Veterans Day event. Councilmember Brennan announced the One Warm Coat drive. Councilmember Dennis announced the Coffee Club and the Lakeland Civic Association meeting. CITY MANAGER’S REPORT: Mr. Somers reviewed leaf season guidelines, the schedule for the Thanksgiving holiday, the free rabies clinic, and the Hollywood Commercial Streetscape meeting. PROCLAMATIONS: Mayor Wojahn read the Proclamation for Small Business Saturday. AMENDMENTS TO AND APPROVAL OF THE AGENDA: Add meeting minutes for the September 17 Special Session and the September 24 Regular Meeting to item #19-G-150 (Dennis/Mitchell 7-0). Approve agenda as amended Mitchell/Kennedy 7-0. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: David Gray, resident: The elections went smoothly but the budget was high and turnout was low. Wants more detail on how many people voted early, absentee, at each poll, etc. Carol Macknis, resident: She was an election judge at the Stamp Union poll and recommends it not be used as a poll again because turnout was low and there were issues with logistics. PUBLIC HEARING: 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 College Park City Council Meeting Minutes November 12, 2019 Page 2 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. Mr. Somers gave the overview, reviewed the staff report, and added that the start date would be May 1, 2020. We have added a specific definition for Special Trash. The fee schedule being considered tonight is a $20 fee for appliances and for electronics. This would limit the amount of woody/soft debris put out for pick-up and would prohibit contractor-generated construction debris. When this was introduced, we said the City would allow up to two refuse carts for free, but the staff reports indicates one. We need clarification on this from Council. Council indicated it was intended to be 2. The correction will be made. Mr. Somers said this ordinance is not about the bulky trash fee schedule, which will come back in January. Councilmember Kabir asked about the prohibition of the placement of materials at a property other than that which generated them. He asked the amount of the fine for a violation. The fine isn’t showing up in this ordinance because it is already included in Chapter 110. First violation is $100; subsequent violation in 12 months is $200. Mayor Wojahn asked who would incur the fine. Ms. Ferguson said it depends on if there was consent. Public Comment: Oscar Gregory, resident: The City has one job to do – collect the trash. This is a money grab. Council should incentivize, not penalize, the residents. Mary King, resident: Referred to the bulk trash report of May 2018, and said this ordinance is a positive step forward. Clarification is needed on P.20 F, electronics; P. 23, recycling violations; P. 15 Section 5 Part B, concern is that this is the first step of limiting bulk trash collections to a certain number per year. The abuse of bulk trash is only by 2% of residents. Peter King, resident: Proponent of the ordinance but sees some problems. He raised issues under electronics, construction debris and roof shingles. He provided a written list of his comments for staff to review. He recommends these items get fixed before going to adoption tonight. David Gray, resident: He didn’t see the ordinance posted on the website; he saw the public hearing notice, but not the ordinance. He thinks it is contentious to have a public hearing and then vote on the ordinance right after. It seems that Council is ignoring the residents. He discussed his concerns about carts being visible from the street, yard trim, woody waste, shredded paper, hazardous material containers, alkaline batteries vs. other types. CONSENT AGENDA: A motion was made by Councilmember Day and seconded by Councilmember Kennedy to adopt the Consent Agenda, which consisted of the following: 19-G-150 Approval of minutes from the September 10 Regular Meeting; September 17 Worksession; September 17 Special Session; September 24 Regular Meeting. The motion passed 7-0. College Park City Council Meeting Minutes November 12, 2019 Page 3 ACTION ITEMS 19-G-151 Award of FY 20 public school education grants as recommended by the Education Advisory Committee – Carolyn Bernache, Chair, Education Advisory Committee Ms. Bernache presented the recommendations from the staff report and described the two levels of grants: $8,000 and $2,750. This year we added College Park Academy for $2,250. Councilmember Kabir is proud of the City’s support, and thinks other cities should be doing this as well. Ms. Bernache said the EACs exchanged information, and that each City supports their schools very differently. Councilmembers Mitchell and Day said they must abstain because they have a conflict of interest. A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg to award the following FY 20 Education Grants: • $8,000 to Hollywood Elementary for Enhancing Teaching & Learning via Technology and the Arts • $8,000 to Paint Branch Elementary for Afterschool Chinese/English reading and writing programs. • $8,000 to Greenbelt Middle School for ESOL Extended Learning Opportunity • $2,750 to Berwyn Heights Elementary for Science, History and Culture Field Trips. • $2,750 to Cherokee Lane Elementary for Transportation for Field Trips • $2,750 to University Park Elementary for Literacy in Math for All (gifted learners, special needs, ESOL and general education students) • $2,750 to Hyattsville Middle School for Co-ed Teaching/SPED Team Program. • $2,750 to High Point High School for College Readiness/SAT Preparation Workshops • $2,250 to College Park Academy for “E-Force” Environmental Club. The total of these awards is $40,000 which is budgeted in the FY 2020 budget. The motion carried 5-0-2 (Councilmembers Day and Mitchell abstained). 19-O-14 Adoption 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. Mr. Somers stated we should review this more thoroughly before adoption. He suggests delaying adoption, especially if the ordinance was not posted on the website. A motion was made by Councilmember Rigg and seconded by Councilmember Mitchell to postpone adoption until such time as the ordinance has been reviewed. The motion passed 7- 0. College Park City Council Meeting Minutes November 12, 2019 Page 4 19-G-152 Approval of the Preliminary Plan of Subdivision 4-18027, with conditions, for the College Park Marriott (Residence Inn), on Campus Drive at Cpl. Frank Scott Drive Ms. Bader reviewed the staff report. We reviewed this project in depth at last week’s Worksession. The Planning Board hearing has been rescheduled to Thursday, January 9. Since the Worksession, we spoke with the applicant and made some minor revisions, which are in the staff report. The applicant agrees with all of the conditions. Mr. Bradley Farrar, attorney for the applicant, stated that they agree with all of the conditions. Issues related to the design will be addressed at the time of Detailed Site Plan. A motion was made by Councilmember Day and seconded by Councilmember Rigg that the City Council recommend approval of Preliminary Plan 4-18027 and the public utility variation request with the following conditions: 1. Prior to signature approval of the Preliminary Plan of Subdivision (PPS), the plan shall be revised to: a. Show a public access easement to the City of College Park along the south side of Lehigh Road for a 5’ sidewalk. b. Show a public access easement to the City of College Park along the proposed private road for vehicular and pedestrian access. 2. Prior to approval of a final plat, the Applicant shall vacate the existing unimproved Knox Road right-of-way with the consent of the City. 3. At the time of DSP acceptance: a. Provide an exhibit that illustrates the location, limits, and details of the BPIS improvements. The City’s preferences, listed in order of priority, are: i. Continue the existing sidewalk from the bus stop at the intersection of 50th Avenue and Campus Drive to the hotel site. ii. Provide a bus shelter at the 50th Avenue/Campus Drive bus stop. iii. Construct a sidewalk from the Campus Drive/Riverside Avenue intersection on the west side of Riverside Avenue to Old Calvert Road. iv. Construct a path along the north side of Old Calvert Road to Edmonston Road within the Calvert Road Park. b. Provide a viewshed study to illustrate the visibility of the proposed new construction from the College Park Airport Historic Site. c. Provide proof of compliance with Aviation Policy Area (APA-6) restrictions (no obstruction over 198-feet Above Mean Sea Level-AMSL). 4. Prior to DSP approval execute a Declaration of Covenants Agreement with the City that includes, at a minimum, the following provisions: a. Acknowledgment of responsibility for maintenance along all public rights-of- way for pedestrian light fixtures, landscaping, and sidewalks. b. Provision of a public art feature which can be matched by City funds (up to $15,000). c. Public access agreements to the City of College Park. The motion was approved 7-0. College Park City Council Meeting Minutes November 12, 2019 Page 5 19-R-22 Approval of a Resolution adopting the recommendations of the Committee-on- Committees, including a summary of the Code changes and follow-up resolutions that are needed, and a redline of policy revisions Mr. Somers reviewed the staff report and said this Resolution adopts the recommendations of the Committee on Committees. Some ordinances and resolutions will be forthcoming. A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg to approve Resolution 19-R-22, adopting recommendations of the Committee on Committees. The motion passed 7-0. 19-G-153 Appointments to Boards and Committees A motion was made by Councilmember Rigg and seconded by Councilmember Dennis to appoint Mark Mullauer to the Recreation Board, Marcia Booth to the Animal Welfare Committee; reappoint Nora Eidelman to the Ethics Commission; reappoint Alan Bradford to the Ethics Commission; and reappoint Manuel Guevara-Cordova to the Seniors Committee. The motion passed 7-0. 19-R-23 Approval of a Resolution to adopt a template agreement for installation of Small Cell Antenna Facilities and application process, and discussion of possible amendments to Chapter 172 Article II Wireless Telecommunications Facilities in Public Rights-of-Way – Suellen Ferguson, City Attorney Ms. Ferguson said this is the next step in the process of accepting applications for installation of small cell antenna facilities in the rights-of-way. The Code amendments have already been made. This agreement is for the application process the various providers will follow. She would like to call it a “License Agreement” instead of a “Use Agreement.” Mayor Wojahn asked if we have any idea where they want to place these? Ms. Ferguson said we have some idea because we have been contacted by two carriers. Under the law they have to provide a map with their application, and Council can decide whether to hold a public hearing on the request. She believes some of the sites will be in residential neighborhoods. Once an application is accepted, the Mayor and Council will be notified, the time clock starts to run, and Council can decide whether to have a public hearing. Mayor Wojahn asked what happens if the FCC order, which is under litigation, is overturned. Ms. Ferguson said that would give us more say about where these are installed. The question is finding the balance between the need for this important infrastructure and approving the locations. A motion was made by Councilmember Kennedy and seconded by Councilmember Dennis to approve the License Agreement for deployment and installation of wireless facilities and support structures on non-owned poles in the City rights-of-way. The motion passed 7-0. College Park City Council Meeting Minutes November 12, 2019 Page 6 MAYOR AND COUNCILMEMBER REPORTS AND COMMENTS: Ms. Mitchell said information would be forthcoming about cameras near school zones. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn the Regular Meeting. With a vote of 7-0, the regular meeting was adjourned at 8:58 p.m. _______________________________________ Janeen S. Miller, CMC Date City Clerk Approved