Mayor & City Council

TUESDAY, DECEMBER 1 0, 2019 CITY OF COLLEGE PARK DAVIS HALL 9217 51ST AVENUE REGULAR MEETING OF THE MAYOR AND COUNCIL AND INAUGURATION OF THE 2019 - 2021 MAYOR AND COUNCIL 7:30 P.M. INVOCATION: Elan Burman, Maryland Hillel PLEDGE OF ALLEGIANCE: Mayor Patrick L. Wojahn ROLL CALL ANNOUNCEMENTS ACKNOWLEDGMENT OF DIGNITARIES AMENDMENTS TO / APPROVAL OF THE AGENDA COMMENTS FROM THE AUDIENCE ON CONSENT AND NON-AGENDA ITEMS: Speakers are asked to provide their name and address for the record and are given three minutes to address the Council. CONSENT AGENDA 19-G-157 Approval of Minutes from the October 8 Regular Meeting, the October 15 Motion By: To: Adopt Worksession, the October 15 Special Session, and the October 22 Second: Regular Meeting. Approval of confidential minutes from Closed Sessions Aye: Nay: on April 2, April 16, April 23, May 7, May 28, June 4, July 2, August 7, Other: August 13, September 10, September 17, October 8. 19-G-158 Authorize the City Manager to negotiate and enter into an agreement, subject to approval by the City Attorney, in an amount not to exceed $30,000 with the Hyattsville Community Newspaper, Inc. for startup and advertising costs associated with a new College Park local newspaper. 19-G-159 Approval of the appointment of Stephanie Butler to the Animal Welfare Committee. 19-G-162 Authorize the City Manager to enter into a Settlement Agreement and Deed of Easement with Mr. Alvin Jenkins concerning City of College Park v. Jenkins COSA 3053 ST 2018 in order to complete a final segment of the Trolley Trail in the Berwyn neighborhood. 001 PRESENTATION from Mayor Wojahn to Outgoing Councilmember Dustyn Kujawa REMARKS from Councilmember Dustyn Kujawa ADJOURN the 2017 – 2019 Mayor and Council SWEARING-IN OF MAYOR PATRICK L. WOJAHN: The Honorable Mahasin El Amin, Clerk of the Circuit Court, Prince George’s County, Maryland SWEARING-IN OF THE 2019 – 2021 CITY COUNCIL: Mayor Patrick L. Wojahn DISTRICT 1 Councilmember Fazlul Kabir Councilmember Kate Kennedy DISTRICT 2 Councilmember P. J. Brennan Councilmember Monroe Dennis DISTRICT 3 Councilmember Robert Day, Sr. Councilmember John Rigg DISTRICT 4 Councilmember Maria E. Mackie Councilmember Denise C. Mitchell ROLL CALL 19-G-160 Appointment of the Mayor Pro Tem - Mayor Wojahn Motion By: To: Second: Aye: Nay: Other: CONSENT AGENDA 19-G-161 Approval of the 2020 Council Meeting Schedule Motion By: To: Second: Aye: Nay: Other: REMARKS: Incoming Councilmember Maria E. Mackie ADDRESS: Mayor Patrick L. Wojahn BENEDICTION: Elan Burman, Maryland Hillel ADJOURN ➢ This agenda is subject to change. For the most current information, please contact the City Clerk at 240-487-3501. ➢ Public Comment is taken during Regular Business meetings on the second and fourth Tuesdays of the month in one of the following ways. All speakers are requested to complete a card with their name and address for the record. o To comment about a topic not on the meeting agenda or an item that is on the Consent Agenda: Speakers are given three minutes to address the Council during “Public Comment on Consent and Non-Agenda Items” at the beginning of each Regular Meeting. o To comment on an agenda item during a Regular Business meeting: When an agenda item comes up for consideration by the Council, the Mayor will invite public comment prior to Council deliberation. Speakers are given three minutes to address the Council on that agenda item. ➢ In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at 240-487-3501 and describe the assistance that is necessary. 002 19-G-157 Minutes 003  MINUTES Regular Meeting of the College Park City Council Tuesday, October 8, 2019 Davis Hall, 9217 51st Avenue 7:30 p.m. – 9:44 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 S. Miller, City Clerk; Suellen Ferguson, City Attorney; Bob Ryan, Director of Public Services; Robert Marsili, Director of Public Works; Gary Fields, Director of Finance; Julia Nikhinson, Deputy Student Liaison. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir announced a Walk & Talk with police in Hollywood. There will be a candidate forum on Thursday at Davis Hall for Mayoral, District 1 and District 4 races. Mayor Wojahn mentioned additional candidate forums at Attick Towers, the Old Parish House and the Berwyn District Civic Association. He also said College Park Woods held an event honoring John Moore, the longtime Chair of the College Park Housing Authority who will soon be relocating. A tree will be planted in his honor at Attick Towers. Councilmember Rigg announced that College Park Scholars In Action will hold a technology help center on Saturday at St. Andrews Church. Councilmember Mitchell said October is Breast Cancer Awareness month and asked her colleagues to wear pink. Councilmember Dennis announced the Coffee Club meeting tomorrow. CITY MANAGER’S REPORT: Mr. Somers discussed the community survey that is coming out soon. A random sample of residents will receive a postcard saying they have been selected to participate in the statistically measured survey. He discussed the upcoming City Hall relocation and reviewed last Saturday’s College Park Day. PROCLAMATIONS AND AWARDS: Mayor Wojahn read the Proclamation for Indigenous Peoples’ Day AMENDMENTS TO AND APPROVAL OF THE AGENDA: Councilmember Mitchell wishes to make an additional appointment during the “Boards and Committees” agenda item. Since the item is already on the agenda, an amendment is not needed. The agenda was approved (Dennis/Mitchell) 8-0. 004 College Park City Council Meeting Minutes October 8, 2019 Page 2 PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: Dave Dorsch, resident: When will the guardrail be built on US 1; open-up Rhode Island Avenue to Campus Drive; the timing of the traffic signals on US 1 needs to be reviewed; what % of the population will get a survey, and how will you hear from everyone else? David Gray, resident: When will the Campaign Finance Reports be posted; a link on the City election page goes to the wrong page; the College Park Day card could have been smaller; the timing and/or names of the Resident Information Guides is confusing; there has been a 3rd murder in 6 months. PRESENTATION: Mr. Fields reviewed the PowerPoint. He summarized the public sale of the bonds last Thursday: We got five bids. The low bidder was from Robert W. Baird; the true interest cost was 2.46%. We originally planned to borrow $19M ($14M for City Hall and $5M for Duvall Field). We got final City Hall estimates from the project manager and determined we would only need $12.5M in bond proceeds; requiring a total of $17.5M in proceeds needed. In order to get that amount we only had to borrow $16.37M because we received a premium on the sale of the bonds. As a result the annual debt service is about $200,000 less than projected. The City’s bond rating is AA+. One reason we may not have received a AAA bond rating is that our tax base is not big enough. Our median income is lower than average due to the number of students. CONSENT AGENDA: A motion was made by Councilmember Dennis and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of the following: 19-G-137 Approval of a letter to the Maryland-National Capital Park & Planning Commission with City comments on the FY 2021 Budget 19-G-141 Approval of minutes from the September 3, 2019 Worksession The motion passed 8-0. ACTION ITEMS 19-G-140 Approval of a letter to the Prince George’s County Council with City comments on County Bill CB-46-2019, Prince George’s County Animal Control Ordinance Councilmember Kennedy suggestion revisions to the draft letter that was in the packet. She wants the main point of the letter to be that the Council supports the new broad legislation which will update and modernize the County animal code. A sub-point of the letter would to request that the County Council consider repealing the pit bull ban. Mr. Somers added that the County Council committee is meeting Thursday, so it is timely to get our letter in now. A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg to send a letter to the County Council as described above. 005 College Park City Council Meeting Minutes October 8, 2019 Page 3 Councilmember Kennedy commented on the need to regulate/address dangerous animals, animal safety, and concerns from families about having their pets removed. She believes the pit bull ban perpetuates the problem; the dog’s behavior comes down to the owner, not the breed. She added that the Animal Welfare Committee voted unanimously to support the repeal of the pit bull ban. Comments from the audience: Stephanie Butler, resident: Supports the Breed Specific Legislation (BSL) to ban pit bulls. Scarlet Jimenez, resident: Don’t ban the breed. Ban abuse and irresponsible owners. Christine Nagle, resident: Supports the pit bull ban. Take time to get more information. Kathy Rodeffer, Co-Chair of Animal Welfare Committee: In favor of a ban of a dangerous dog, but not the BSL. Legislate the owners, not the breed. Linda Lachman, resident: It is time to end the pit bull prohibition. Councilmember Rigg discussed research showing that pit bulls have a bad reputation, that there is a misattribution of some dog bite reports, and studies that report no strong correlation of bites to pit bulls specifically. Councilmember Kabir said the bill is still in committee and that the pit bull ban is not in the current draft of the bill. He wants to wait and see what the bill amendments are. A motion was made by Councilmember Kabir and seconded by Councilmember Day to postpone this item until we know what the bill amendments are. Comments from the audience on the amendment: Christine Nagle: Supports the amendment. Stephanie Butler: Council should be more concerned with safety and welfare of the residents rather than the dogs. Scarlett Jimenez: We should voice our opinion now and again when it goes to public hearing. Bonnie Greenslade, resident: We should act now. Councilmember Brennan said there is merit in the County updating the old legislation but the burden should be on the County, not the City, to explore this matter and aid in the public education process. Councilmember Day is in favor of removing the BSL but thinks we should delay until we see the bill amendments. Councilmember Kennedy struggled with the timing but thinks the City’s input now is important. Councilmember Mitchell supports the amendment to wait. 006 College Park City Council Meeting Minutes October 8, 2019 Page 4 Councilmember Rigg isn’t sure what we gain by delay. Vote on the amendment to postpone: Yes: Kabir, Day, Kujawa, Mitchell No: Kennedy, Rigg, Brennan, Dennis Mayor votes No. Amendment failed, 4-5. Discussion of main motion: Julia Nikhinson said the issue is not the breed, it is the humans. She supports the repeal of the ban. Councilmember Day said we are trying to add something to a bill that is already struggling. It is too soon to write a letter about a bill we are unsure about. We haven’t reached out to our colleagues. Councilmember Mitchell will not support the motion. We are being too reactionary. She prefers to wait and see the bill with amendments. Councilmember Brennan supports sending the letter now. It doesn’t need to be perfect, but this will begin an important dialogue. Councilmember Dennis thinks it is better to go on the record at this point. Vote on the main motion: Yes: Kennedy, Rigg, Brennan, Dennis No: Kabir, Day, Kujawa, Mitchell Mayor votes Yes. Motion passed 5-4. 19-G-138 Consider joining the North American Butterfly Association, Bee City USA, and taking the Mayor’s Monarch Pledge Mr. Marsili and Ms. Alexander reviewed the staff report and PowerPoint. Public Works will identify locations where the City can establish pollinator gardens so that Monarchs will visit College Park as they migrate. Locations will include signage and education. The City uses minimal amounts of pesticides so joining these organizations shouldn’t impact our practices. A motion was made by Councilmember Day and seconded by Councilmember Kennedy that the City of College Park join the North American Butterfly Association, Bee City USA, and take the Mayor’s Monarch Pledge. Comments from the audience: Anahi Espindola, resident, pollination biologist at the UMD: She was part of an intergovernmental panel that recommended many of these actions to the United Nations. She said we should promote other pollinators as well. She offered her services in this effort. 007 College Park City Council Meeting Minutes October 8, 2019 Page 5 The motion passed 8-0. 19-G-142 Support for Prince George’s County Council, Sitting as the District Council, Bill CB-55-2019 Ms. Ferguson said CB-55 is a response to a concern by the City to balance the need to get variances when building on residential properties with requirements of the design guidelines in an historic district. This was sponsored by County Council Member Glaros at our request. It will help residents by reducing the need to request a variance. A motion was made by Councilmember Rigg and seconded by Councilmember Day to send a letter in support of CB-55-2019. There were no comments. The motion passed 8-0. 19-G-143 Appointments to Boards and Committees A motion was made by Councilmember Mitchell and seconded by Councilmember Kujawa to appoint Domini Artis to the Recreation Board. The motion passed 8-0. COUNCIL COMMENTS: Councilmember Kennedy said that Councilmember Rigg was on the Kojo Nnamdi show and did a fantastic job discussing the unruly social gathering ordinance. Councilmember Day withdrew his previous request for a bike station in College Park Estates/Yarrow because of growing concern about dockless bikes and scooters being left all over the place. This is becoming a nuisance. Councilmember Brennan spoke about College Park Day and thanked staff for their efforts. Councilmember Dennis is on the planning committee for Good Neighbor Day, which will be held on Saturday, April 4, 2020. Councilmember Mitchell requested a proclamation at the next meeting for Breast Cancer Awareness month. Ms. Nikhinson said Mr. Alpert is absent due to Yom Kippur, and Mayor Wojahn noted that Mr. Alpert was also on the Kojo Nnamdi show. ADJOURN: A motion was made by Councilmember Dennis and seconded by Councilmember Brennan to adjourn the Regular Meeting, and to enter into a Closed Session to discuss the performance evaluation of a specific employee. The Mayor and Council will conduct the City Manager’s evaluation. With a vote of 8-0, the regular meeting was adjourned at 9:44 p.m. 008 College Park City Council Meeting Minutes October 8, 2019 Page 6 _______________________________________ Janeen S. Miller, CMC Date City Clerk Approved Closed Session Statement Pursuant to the Maryland Annotated Code, General Provisions Article, Section 3-305, on October 8, 2019 at 9:44 p.m. at Davis Hall, 9217 51st Avenue, a motion was made by Councilmember Dennis and seconded by Councilmember Brennan that the Mayor and Council of the City of College Park meet in a Closed Session for the following purposes: To discuss the performance evaluation of a specific employee. The motion passed 8-0, and after a brief recess, the closed session began at 9:55 p.m. The Mayor and all Councilmembers were present. Scott Somers, City Manager, also attended. The Open Meetings Trainee was Mayor Wojahn. The Mayor and Council conducted the City Manager’s performance evaluation. No action was taken during the Closed Session. At 11:05 p.m. a motion was made by Councilmember Brennan and seconded by Councilmember Rigg to adjourn the closed session, and with a vote of 8-0, the closed session was adjourned. 009  WORKSESSION MINUTES College Park City Council Tuesday, October 15, 2019 Davis Hall, 9217 51st Avenue 7:30 P.M. – 10:57 P.M. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg, and Mitchell. Councilmember Kujawa arrived at 9:00 p.m. 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; Miriam Bader, Senior Planner; Robert Marsili, Director of Public Works; Frank Pacifico, Deputy Director of Public Works; Ryan Chelton, Economic Development Coordinator; Dan Alpert, Student Liaison; Julia Nikhinson, Deputy Student Liaison. Mayor Wojahn opened the Worksession at 7:30 p.m. CITY MANAGER’S REPORT: Mr. Somers reviewed the resident survey, said that the move out of 4500 Knox Road is done, announced the fall clean up day on October 26, and the YFS Halloween Thing, also on October 26. AMENDMENT TO/APPROVAL OF THE AGENDA: The agenda was approved without amendment (Dennis/Mitchell) 7-0. DISCUSSION ITEMS: 1 Review of Preliminary Plan of Subdivision for Greystar (Knox Road) development: Ms. Bader reviewed the staff report. The property located at 4422 Knox Road is owned by the UMCP Foundation. It is subject to Aviation Plan Area height restrictions and compliance will be reviewed at the time of Detailed Site Plan. The purpose of the Preliminary Plan of Subdivision is to combine two lots into one. This is being designed for student housing. Ms. Bader reviewed the conditions from the staff report. For the applicant - Tom Haller, Ken Ulman, Greystar development team: This is the first of two applications. The PPSD is to combine the parcels. They will return in two months with the Detailed Site Plan. They will address the letter from the Airport Authority at time of DSP. The retail area is to allow the existing tenants to relocate. Regarding the conditions: #1: Agree #2: Fee-in-lieu is a Park & Planning condition, not an applicant issue, so they don’t agree with the condition. They prefer improvement to Southgate Park, but they don’t think P&P would dedicate the money to Southgate. #3: BPIS – They object to relocating the telephone pole. They believe the cost would exceed the BPIS requirement. #4A Loading Dock: Willing to look at this. #4B: They are proposing a door to the retail from Knox Road. #4C: Lehigh – They propose to widen Lehigh and will remove the pull-in parking. The six-foot sidewalk is also doable. #4D: Request City support for their preference. 010 College Park Worksession Minutes October 15, 2019 Page 2 Council is interested in retaining the small and minority owned businesses that would be displaced by this development. Mr. Ulman said all nine have been offered an opportunity to return; expect an announcement soon. Council expressed concern that rents would be high because of the amenities and proximity to campus. The Greystar team said that rates are market driven and will be in line with Landmark and Terrapin Row. These are rented by the bed at $1,500/month/bed for a 12-month lease. Council expressed concern about lack of ADA compliance of the proposed “monumental staircase.” Greystar plans to provide ADA access through the building. Mr. Alpert said that does not provide public access because an entry fob is required to access the building. Council expressed interest in a public art feature. Request that the applicant continue working with staff on the conditions before returning for Council action next week. 2 Discussion on questions from the SMART / Pay-As-You-Throw Report and discussion of amendments to the Bulk Trash program: Staff reviewed the staff report and the chart which contains the staff recommendation. Council is interested in a “deeper dive” on Pay-As-You-Throw. Mr. Somers suggested Council could consider this during the setting of our next Strategic Plan and decide at that time whether it should be a priority. Council is interested in seeing success/best practice stories of PAYT nationwide. Include the positive environmental impact, not just cost savings. Fees need to reflect the actual cost of the service and be justifiable. Education campaign will be important. There was some interest in penalizing the abusers rather than charging everyone. Discussion about whether charging by the number of items is easier than charging by volume. Questions about how data will be kept, who will do it, if additional staff would be needed. Move forward with #s 2-10 from chart, and delay the item limit/fee schedule (#1 from chart) for now. Look closely at the fee schedule and its interaction with the $180 trash fee for rentals. 3 Follow up discussion on MOU with UMPD on live-monitoring of certain City security cameras; discussion of City camera vendor; update on expansion of City camera network: Mr. Ryan said the MOU is retroactive. We have paid for FY19 and have been billed for FY20. [At 10:30 p.m. a motion was made by Councilmember Brennan and seconded by Councilmember Rigg to extend the meeting, which passed 8-0.] There has been no response from the UMPD to our questions; they have said they don’t keep that data. Council asked staff to proceed with an “Option 1.5” - check out different vendors and new technology, issue an RFP, see what data we can get from Hitachi and UMPD, and sign the MOU to continue monitoring for now with the thought to make a change in the near future. Interest in more cameras around the Greenbelt Metro station. 4 Approval of Business of the Year Award recipient (See Special Session minutes 19-G-144) 5 Agenda items for October 23 Four Cities Meeting in New Carrollton: Beltway expansion plan, mass transit option. 6 Appointments to Boards and Committees: Dottie Chiquelo to MLK. 011 College Park Worksession Minutes October 15, 2019 Page 3 7 Requests for/Status of Future Agenda items: Utilize the APC to review projects that are to come before Council; self-imposed “no ex-parte communication” rules. 8 Mayor and Councilmember Comments: • Meals on Wheels fundraiser • District 3 and Mayoral candidate forum tomorrow • Drag racing on Metzerott Road – refer to Contract Police • BDCA meeting on Thursday – Mayoral and District 3 candidate forum • Coffee Club • SGA Student Advisory committee will hold first meeting next week ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Kujawa to adjourn the meeting at 10:57 p.m. __________________________________ Janeen S. Miller Date City Clerk Approved 012  SPECIAL SESSION College Park City Council Tuesday, October 15, 2019 Davis Hall, 9217 51st Avenue 10:46 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; Ryan Chelton, Economic Development Coordinator; Dan Alpert, Student Liaison; Julia Nikhinson, Deputy Student Liaison. During the regularly scheduled Worksession, a motion was made by Councilmember Dennis and seconded by Councilmember Day to enter into a Special Session. The possibility of the Special Session was noted on the Worksession agenda. ACTION ITEM: 19-G-144 Approval of Business of the Year A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to approve POSH Fitness and Cycling as the Business of the Year. The motion passed 8-0. ADJOURN: A motion was made by Councilmember Kennedy and seconded by Councilmember Brennan to adjourn the Special Session. With a vote of 8-0, the Special Session was adjourned at 10:47 p.m. __________________________________ Janeen S. Miller Date City Clerk Approved 013  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). 014 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. 015 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. 016 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. 017 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. 018 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. 019 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 020  19-G-158 Authorize the City Manager to negotiate and enter into an agreement, subject to approval by the City Attorney, in an amount not to exceed $30,000 with the Hyattsville Community Newspaper, Inc. for startup and advertising costs associated with a new College Park local newspaper. 021  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA AGENDA ITEM 19-G-158 Prepared By: Bill Gardiner, Meeting Date: December 10, 2019 Assistant City Manager Presented By: Bill Gardiner, Consent Agenda: Yes Assistant City Manager Originating Department: Administration / Communications Action Requested: Authorize the City Manager to negotiate and enter into an agreement in an amount not to exceed $30,000 with the Hyattsville Community Newspaper, Inc. for startup and advertising costs associated with a new College Park local newspaper. Strategic Plan Goal: Goal 1: One College Park Background/Justification: During the December 3rd Worksession, Council, staff, and a board member from the Hyattsville Community Newspaper, Inc. (HCN, publisher of the Hyattsville Life & Times) discussed a proposal for a new College Park newspaper. The proposal follows discussions between City staff and HCN, and the HCN Board unanimous vote in October 2019 to publish a College Park edition beginning in 2020. HCN would publish a monthly new College Park, full-color newspaper. It would be mailed to residential and business addresses in the City of College Park, as well as distributed free at popular gathering spots in and around College Park. The newspaper would contain entirely local content -- news, events, City Council, development, schools, neighborhoods, major crimes, features, personalities, and more. UMD news and issues would be covered when there is relevance to the wider community. The HCN board would nearly double in size to include new members from the City of College Park. The College Park and Hyattsville editions would employ separate editorial staffs and publish content specific to each municipality. The City government would not review the newspaper’s editorial coverage. HCN is proposing to provide four pages in each issue for the City to create, brand, and pay for its own content (essentially paid advertising space in the paper). The City would pay a fixed amount on a monthly basis for this space to inform residents of upcoming City events, seasonal City services, reminders of certain City policies, summaries of Council actions, and similar types of information. This arrangement would greatly expand the City’s communication with residents, since the paper will be mailed to approximately 7,000 residential addresses, and the total cost is far lower than if the City were to mail the information separately. The City costs for the first four months is anticipated to be $23,000, with the first edition in the spring of 2020. The City and HCN anticipate that the subsequent agreement for FY21 would have a lower monthly City cost because the newspaper would receive more advertising revenue from other sources as the newspaper becomes more established. Fiscal Impact: The FY20 budget includes $30,000 for this project. Council Options: 1. Authorize the City Manager to negotiate and enter into an agreement, subject to the approval of the City Attorney, in an amount not to exceed $30,000 with the Hyattsville Community Newspaper, Inc. for startup and advertising costs associated with a new College Park local newspaper. 022 2. Decline to support an agreement with the newspaper. Staff Recommendation: #1 Recommended Motion: I move to authorize the City Manager to negotiate and enter into an agreement, subject to the approval of the City Attorney, in an amount not to exceed $30,000 with the Hyattsville Community Newspaper, Inc. for startup and advertising costs associated with a new College Park local newspaper. Attachments: N/A 2 023  19-G-159 Approval of the appointment of Stephanie Butler to the Animal Welfare Committee 024 December 10, 2019 Appointments to Boards and Committees 19-G-159 • Appoint Stephanie Butler to the Animal Welfare Committee 025  19-G-162 Authorize the City Manager to enter into a Settlement Agreement and Deed of Easement with Mr. Alvin Jenkins concerning City of College Park v. Jenkins COSA 3053 ST 2018 in order to complete a final segment of the Trolley Trail in the Berwyn neighborhood 026  CITY OF COLLEGE PARK, MARYLAND REGULAR COUNCIL MEETING AGENDA AGENDA ITEM NUMBER 19-G-162 Prepared By: Suellen M. Ferguson, Meeting Date: December 10, 2019 City Attorney Presented By: Scott Somers, Consent Agenda: Yes City Manager Suellen M. Ferguson, City Attorney Originating Department: City Manager Action Requested: Approval of Settlement Agreement and Grant of a Public Easement and Right- of-Way and Construction and Maintenance Easement to resolve City of College Park v. Alvin Jenkins and to complete the Trolley Trail Strategic Plan Goal: Goal 4: Quality Infrastructure Background/Justification: For a considerable number of years, the City has been involved in a litigation over the title to certain real property in the trolley trail right of way with Mr. Alvin Jenkins. The case is currently in the Court of Special Appeals of Maryland. The parties to the litigation have been involved in a mediation under the supervision of the Court, and have reached a Settlement Agreement and Grant of a Public Easement and Right-of-Way and Construction and Maintenance Easement, subject to approval of the Mayor and Council. Under the agreements, Mr. Jenkins would become the owner of the property and the City would receive and record a permanent easement over the trolley trail right of way from north of Berwyn Road to the point of connection with the existing Hiker/Biker Trail. The City would construct an asphalt driveway, and parking spaces on the east side of the right of way and to the rear of the right of way, that would then be maintained by Mr. Jenkins and his successors. Various other issues are resolved in the agreement, such as tax payments and allowed uses of the right of way. Fiscal Impact: The cost of the asphalt construction and permits will be borne by the City. Council Options: 1. Approve the Settlement Agreement and Grant of a Public Easement and Right-of-Way and Construction and Maintenance Easement 2. Amend and approve the Settlement Agreement and Grant of a Public Easement and Right-of-Way and Construction and Maintenance Easement 3. Do nothing. Staff Recommendation: Option #1 Recommended Motion: I move to approve the Settlement Agreement and Grant of a Public Easement and Right-of-Way and Construction and Maintenance Easement Attachments: 1. Settlement Agreement 2. Grant of a Public Easement and Right-of-Way and Construction and Maintenance Easement 027  MUTUAL SETTLEMENT AGREEMENT AND RELEASE THIS MUTUAL SETTLEMENT AGREEMENT AND RELEASE (“Agreement”) is entered into this _______day of December, 2019, by and between ALVIN JENKINS (hereinafter referred to as "Jenkins") and the CITY OF COLLEGE PARK( hereinafter referred to as the “City”), and sometimes referred to individually as a “Party” or collectively as “Parties”, in order to resolve the dispute between them as evidenced in Case Nos. CAE97-13340, CAE98-07817 and CAE 01-14174, in the Circuit Court for Prince George’s County, Maryland, currently on appeal to the Court of Special Appeals of Maryland, Case No. 3053, September Term 2018. WHEREAS, Jenkins is the owner of a certain parcel of land located on the north side of Berwyn Road described as 4910 Berwyn Road (“Jenkins Property”); and WHEREAS, Jenkins filed two Complaints to Quiet Title, in Alvin F. Jenkins v. The Successors and Assigns of Filmore Beall and James C. Rogers, Trustees, et al., Civil Action Nos. CAE97-13340, and CAE98-07817, in the Circuit Court for Prince George’s County based on adverse possession as to certain property abutting 9912 Berwyn Road, and was awarded title to the two parcels described in the two cases (“Parcels”); and WHEREAS, the City filed a Complaint to Quiet Title as to the same two Parcels claimed by Jenkins, City of College Park v. Alvin F. Jenkins CAE 01-14174, to contest Jenkins’ ownership; and WHEREAS, CAE97-13340, CAE98-07817 and CAE 01-14174 are on appeal to the Court of Special Appeals of Maryland; and WHEREAS, the parties have engaged in mediation through the Court of Special Appeals and have reached an agreement to resolve all three of the said cases; and WHEREAS, this Settlement Agreement is intended to fully set forth the agreement that has been reached by the parties in order to settle and dismiss with prejudice all three cases. NOW, THEREFORE, for the mutual consideration recited herein, including the foregoing recitals, which are incorporated herein by reference, the Parties do hereby agree as follows: 1. The City agrees as part of the consideration for this Agreement that Jenkins is the owner of the Parcels and will dismiss its claim in City of College Park v. Alvin F. Jenkins CAE 01-14174 and the appeal with prejudice. 2. Jenkins agrees to grant a perpetual public easement and right-of-way, and a construction and maintenance easement (“Easement”), to the City over a portion of the Jenkins’ Property, and the Parcels, beginning at the northern right-of-way of Berwyn Road and extending to the northern property line of Jenkins Property for the purposes of constructing and maintaining in perpetuity an eight-foot wide City hiker/biker trail, and related work (“City Improvements”), as more particularly set out in the attached Exhibit A, College Park Trolley Trail Site Plan, dated 1 028 October, 2019, prepared by Greenman-Pederson, Inc. which is incorporated herein by reference. The hiker/biker trail will be appropriately marked and secured to effectively segregate it from any surrounding parking. The Easement will be substantially in the form attached as Exhibit B, which is incorporated herein by reference. Jenkins agrees to sign the Easement concurrently with this Settlement Agreement. The City further agrees to construct and pave a parking lot and drive aisle with three inches (3”) thickness of asphalt and eight inches (8”) graded aggregate base with asphalt curb, to include 17 parking spaces on the Jenkins Property (“Jenkins Improvements”), to conform to the location and specifications as shown on Exhibit A. The Easement shall authorize the City to undertake and construct the Jenkins Improvements within one year from the date of this Agreement. The City agrees not to plant any trees or shrubs without the prior written consent of Jenkins, which may be withheld in his sole discretion. The City will construct a barrier on Roanoke Street as shown on Exhibit “A.” 3. After the granting and recording of said Easement, the City will construct the City Improvements, and at the same time construct the Jenkins Improvements, to conform to the location and specifications as shown on Exhibit A and with approved permit plans. 4. The City will provide, and is responsible for all costs of, the design, permitting, construction and installation of the Jenkins Improvements and the City Improvements as referenced in Exhibit A, with the exception that Jenkins shall pay the sum of $7000 to the City upon completion of the Jenkins Improvements, within 30 days of receipt of an invoice. Once installed, Jenkins is responsible for the maintenance of the parking lot, drive aisle and parking spaces that make up the Jenkins Improvements. The City will be responsible for the maintenance of the City Improvements. 5. The Parties agree that, for Prince George’s County and City of College Park real property tax purposes, the Easement Area is assessed as part of the property located at 4910 Berwyn Road, College Park, MD 20740, Tax Account No. 21-2349751. The City shall seek to have the Easement Area declared as not taxable due to its use. If the City is unable to have the Easement Area declared non-taxable, the City agrees to reimburse to Jenkins annually a sum equal to one hundred percent (100%) of those County and City real property taxes attributable to the Easement Area, from the date of the Easement to and until the date upon which Jenkins transfers the 4910 Berwyn Road property to another person or entity, or the 4910 Berwyn Road property is re-developed, whichever first occurs. Further, the City agrees to pay pro rata any tax increase resulting from the addition of the square footage of the nine northernmost spaces. 6. In reliance on the consideration specifically referenced herein, to include without limitation the resolution of any claims related to or deriving from the allegations contained in CAE97-13340, CAE98-07817 and CAE 01-14174, the Parties, each being duly authorized to do so, for themselves, their heirs, legal representatives, executors, administrators, officers, agents, servants, officials, employees, successors, assigns, and any and all other persons, firms, corporations, both known and unknown, whether herein named or referred to or not, release, acquit, and forever discharge and hold harmless the other Party and their heirs, legal representatives, executors, administrators, officers, agents, servants, officials, employees, successors, assigns and any and all other persons, firms, corporations, associations, both known and unknown, whether herein named or referred to or not, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, 2 029 which either Party now has or may hereafter accrue, on account of or in any way growing out of the allegations in the cases of CAE97-13340, CAE98-07817 and CAE 01-14174, excepting the promises and obligations set out herein. 7. The Parties accept payment of the sums and the other consideration specified in this Agreement as the full and complete and final settlement of matters involving disputed issues; neither payment of sums or actions taken by the Parties nor negotiations or settlement by the Parties or their representatives or attorneys shall be considered admissions by them; and no past or present wrongdoing by the Parties or their agents, servants or employees shall be implied by payment, actions or negotiations. It is further understood and agreed that all parties deny liability and intend merely to avoid litigation. 8. It is expressly understood that if any provision of this Agreement is found to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 9. This Agreement shall be construed as if prepared by both parties. This Agreement shall be construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflict of laws provisions. 10. Both Parties understand and agree that this Agreement resolves in its entirety all claims against and between all Parties to the litigation. Immediately upon endorsement of this Agreement and the Easement, the Parties shall execute and file a dismissal of the Court of Special Appeals appeal and any other pleadings required to dismiss all claims with prejudice. 11. The undersigned Parties further declare and represent that no promise, inducement, or agreement not herein expressed have been made and that this Agreement contains the entire agreement between the Parties hereto and that the terms of this Agreement are contractual and not mere recitals. 12. The Parties shall have the right to enforce this Agreement, by any proceeding at law or in equity, including injunction. The Parties agree that if a Party should breach the terms of this Agreement, the non-breaching party would not have an adequate remedy at law and would be entitled to bring an action in equity for specific performance of the terms of this Agreement. The prevailing Party in any such action shall be entitled to all reasonable costs of the proceeding including reasonable attorneys’ fees. ATTEST: ALVIN JENKINS By: Name: 3 030 CITY OF COLLEGE PARK By: Janeen S. Miller, CMC, City Clerk Name: Scott Somers Title: City Manager Approved as to form and legal sufficiency Suellen M. Ferguson, City Attorney 4 031  GRANT OF PUBLIC EASEMENT AND RIGHT-OF-WAY AND CONSTRUCTION AND MAINTENANCE EASEMENT THIS GRANT OF A PUBLIC EASEMENT AND RIGHT-OF-WAY AND CONSTRUCTION AND MAINTENANCE EASEMENT is effective this _____ day of __________, 2019 by and between ALVIN JENKINS (hereinafter referred to as the “Grantor”), and the CITY OF COLLEGE PARK, a municipal corporation of the State of Maryland (hereinafter referred to as the “City”). WITNESSETH: WHEREAS, the Grantor is the owner of certain real property (the “Subject Property”) referenced as part of the property labeled as “Electric R.R.” as shown on a plat of subdivision entitled “Central Heights” recorded in Plat Book A as Plat No. 55 and also labeled as “City & Suburban Railway” as shown on a plat of subdivision entitled “Edward Daniels’ Subdivision No. 2” recorded in Plat Book BDS 1 as Plat No. 38 and also labeled as “Francis Shannabrook” as shown on a “Columbia & MD Railway” plat recorded in Liber JWB 42 at Folio 46; all among the Land Records of Prince George’s County, Maryland, and which is adjacent to 4910 Berwyn Road, College Park, MD 20740, and is assessed as part of Tax Account No. 21-2349751; and WHEREAS, it is the desire of the City to obtain across a portion of the Subject Property a permanent easement for the construction, installation, repair, maintenance and replacement of a public hiker/biker trail eight feet in width, with associated work (collectively, the “City Improvements”) and a right-of-way for passage thereupon and use by the general public, and for a temporary construction easement to construct a parking lot on the Subject Property, including 17 parking spaces and drive aisle for benefit of the Grantor (collectively “Grantor Improvements”), as more particularly described in the attached Exhibit A, College Park Trolley Trail Site Plan, dated October, 2019, prepared by Greenman-Pederson, Inc., which is incorporated herein by reference; and WHEREAS, the Grantor agrees to grant a permanent public easement and right of way for the construction, installation, repair, maintenance and replacement of the City Improvements, in the area described in the Metes and Bounds Description and Easement Survey Plat (the “Easement Area”), which are incorporated by reference herein as Exhibit B, a permanent easement over the Subject Property for maintenance of the City Improvements and a temporary construction easement for the purposes of installing the City Improvements and the Grantor Improvements. NOW THEREFORE, in consideration of the foregoing, the sum of One Dollar ($1.00), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Grantor, the Grantor does hereby establish, declare, convey, dedicate, and grant in perpetuity for the benefit of the City and for the public at large, a non-exclusive easement and right-of-way on, under, over, across, and through the Easement Area, for the construction, maintenance, installation, repair, replacement, inspection, and public use of the City Improvements and for the purpose of providing unimpeded pedestrian and non-gas motorized vehicular access, passage and use along the Hiker/Biker Trail and connection to the City hiker/biker trail at the north and south ends of the Subject Property (“City Hiker/Biker Trail”). The Grantor further grants the City a right of passage on, through, over, under, and across the Easement Area and Subject Property for purposes of inspecting the City Improvements in the 1 032 Easement Area and performing any necessary repairs, maintenance and reconstruction thereto and replacement thereof. The Grantor further grants the City a temporary construction easement over, across and through the Subject Property and 4910 Berwyn Road, College Park, MD 20740 for the purpose of installation of the City Improvements and Grantor Improvements described herein. Grantor further grants a permanent access easement across the Subject Property for purposes of inspection, maintenance, repair and replacement of the City Improvements. AND, the parties further covenant and agree for themselves and their successors and assigns the following terms, restrictions, and conditions: 1. The foregoing recitals are incorporated herein as operative provisions of this grant of Easement. 2. The Grantor shall not otherwise construct, nor permit to be constructed, any building or structure within the Easement Area and shall not impede the use, repair, maintenance, replacement or reconstruction of the City Improvements. 3. The City shall construct, install and maintain in good condition the City Improvements within the Easement Area, consistent with the construction standards and design set out in Exhibit A and the permit plans which are attached hereto and incorporated herein by reference as Exhibit D. 4. It shall be the City’s responsibility to inspect, repair, and replace the City Improvements as necessary. The City is responsible for keeping the City Improvements clear of mud, debris, ice and snow, and otherwise maintaining the Hiker/Biker Trail. 5. The Grantor reserves the right to grant such other easements, rights or privileges to such other persons or entities for the installation and repair of utilities, or for any other legal purpose, so long as such purposes do not materially interfere with the obligations and agreements established herein, including, without limitation, the free and full use of the Easement Area for pedestrian and non-gas motorized vehicular passage, and provided that all applicable permits and approvals are first obtained. 6. Grantor hereby certifies that there are no suits, liens, leases, mortgages, or trusts affecting the Subject Property that are superior to or that otherwise would affect the validity of this Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement or the exercise or enjoyment of the rights, privileges and easements herein granted. The Grantor further certifies that all parties with an interest in the Subject Property have signed, or otherwise consented in writing to, this document. 7. The remedies set forth herein are not exclusive, and the City may enforce this Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement in any appropriate judicial or administrative forum by specific performance and/or other remedy. 8. This Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement shall be governed by, and construed and enforced in accordance with, the laws of the State of Maryland. 2 033  9. All provisions of this Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement, shall touch, concern, and run with the land, and shall be binding upon the Grantor, the City, and each of their respective successors, heirs, personal representatives, transferees, and assigns. In the event of a transfer by the Grantor of the Subject Property, the Grantor shall have no further liability under this Grant of Public Easement and Right-of-Way Way and Construction and Maintenance Easement. This Grant of Public Easement and Right-of-Way Way and Construction and Maintenance Easement is intended to be a public dedication. 10. The City agrees to pay the expenses associated with the preparation of this Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement, including but not limited to fees for research, property surveys, engineering, and actual construction of the City Improvements and the Grantor Improvements, with the exception that Grantor agrees to pay the sum of Seven Thousand Dollars ($7,000.00) to the City upon completion of the construction of the Grantor Improvements, and within 30 days of receiving an invoice from the City. 11. The City does further agree to record this Grant of Public Easement and Right-of- Way and Construction and Maintenance Easement in the Land Records of Prince George’s County, Maryland at the City’s expense, and shall provide the Grantor with documentary proof of recordation. 12. Subject to and without waiving common law and other governmental immunities or the provisions of §5-301 et seq., Local Government Tort Claims Act, Courts and Judicial Proceedings Article, Annotated Code of Maryland, the City shall indemnify and hold the Grantor harmless from and against all actions, liability, claims, suits, damages, risk of loss, costs, fines, penalties, or expenses of any kind which may be brought, or made against the Grantor arising out of the construction, maintenance, repair, replacement, use and operation of the City Hiker/Biker Trail and the Easement Area (other than to the extent any such claims arise from the conduct of Grantor, Grantor's agents, contractors, employees, invitees, guests and permittees) or which the Grantor must pay and incur by reason of or in any manner resulting from the negligent or willful act or omission of the City or its agents, officials, contractors, guests or employees or its negligent performance of or failure to perform any of the obligations under the terms of this Grant of Public Easement and Right-Of-Way and Construction and Maintenance Easement, including reasonable attorney's fees, for damage to property or injury to or death of any person. 13. The City shall construct the City Improvements and the Grantor Improvements on a mutually agreed schedule. 14. The design, construction and maintenance of the City Improvements and all activities conducted in the Easement Area shall be in accordance with good, workmanlike standards. 16. The Easement Area shall be used only for the purposes set forth in this Easement. 17. The City shall not use, dispose of or release on or under the Easement Area or on the Subject Property adjacent thereto, or permit to exist or be used, disposed of or released any substances which are defined as "hazardous materials", "toxic substances" or "solid waste" in Federal, State or local laws, statutes or ordinances. Should any pollutant, hazardous material, toxic substances, contaminated waste or solid waste be accidentally released, the City shall notify Grantor immediately after notifying the applicable governmental body of such event. The 3 034 City shall be responsible for and timely pay all costs of clean-up, remediation, and other costs related to and arising from the event, including, but not limited to penalties. The City shall be responsible for, and shall comply with all applicable laws and regulations as to any required permitting, licenses, and fees related thereto concerning, relating to or arising from the City's use of the Easement Area. 18. As used herein, the phrase “non- gas motorized” shall mean vehicles for whose operation a Maryland driver’s license is not required, without respect to whether such vehicle operates by means of motor. IN WITNESS WHEREOF, the undersigned GRANTOR and the City have executed this Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement effective the date first written above. WITNESS/ATTEST: GRANTOR Alvin Jenkins STATE OF MARYLAND ) ) ss: COUNTY OF PRINCE GEORGE’S ) I HEREBY CERTIFY, that on this day of __________ 2019, before me, a Notary Public in and for the State aforesaid, personally appeared Alvin Jenkins, and that he executed the foregoing Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement for the purposes therein contained by signing in my presence. WITNESS my hand and Notarial Seal. (SEAL) Notary Public My Commission Expires:________ WITNESS/ATTEST: CITY OF COLLEGE PARK 4 035  By: Janeen Miller, CMC, City Clerk Scott Somers, City Manager STATE OF MARYLAND ) )ss: COUNTY OF PRINCE GEORGE’S) I HEREBY CERTIFY, that on this day of __________ 2019, before me, a Notary Public in and for the State aforesaid, personally appeared Scott Somers, who acknowledged himself to be the City Manager of the City of College Park, and that he, as City Manager, being authorized so to do so, executed the Grant of Public Easement and Right-of-Way and Temporary Construction Easement for the purposes therein contained by signing, in my presence, the name of said City of College Park, by himself, as City Manager. WITNESS my hand and Notarial Seal. (SEAL) Notary Public My Commission Expires:________ 5 036 ATTORNEY’S CERTIFICATION I HEREBY CERTIFY that the foregoing Grant of Public Easement and Right-of-Way and Construction and Maintenance Easement was prepared under the supervision of the undersigned, an attorney duly licensed to practice before the Court of Appeals of Maryland. ___________________________________ Suellen M. Ferguson AFTER RECORDING RETURN TO: Suellen M. Ferguson, Esq. Council, Baradel, Kosmerl & Nolan, P.A. 125 West Street, 4th Floor P.O. Box 2289 Annapolis, MD 21404 6 037  19-G-160 Appointment of the Mayor Pro Tem - Mayor Wojahn 038  19-G-161 Approval of the 2020 Council Meeting Schedule 039  CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA ITEM 19-G-161 Prepared By: Janeen S. Miller, Meeting Date: 12/10/2019 City Clerk Presented By: Janeen S. Miller Proposed Consent: Yes Originating Department: City Clerk’s Office Action Requested: Approval of the 2020 Council Meeting Schedule Strategic Plan Goal: Goal 5: Effective Leadership Background/Justification: The proposed 2020 City Council meeting schedule, attached, was reviewed at the November 19 Worksession. There do not appear to be any conflicts with major religious holidays as proposed. Mayor and Council did not raise any concerns at the Worksession. The schedule should be approved by the incoming Council on December 10, 2019. Fiscal Impact: N/A Council Options: #1: Approve the 2020 meeting schedule #2: Suggest changes prior to approval #3: Delay the approval Staff Recommendation: #1 Attachments: 1 – 2020 proposed Council Meeting schedule 040  2020 Mayor and Council Proposed Meeting Schedule JANUARY FEBRUARY MARCH S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 7 5 6 7 8 9 10 11 2 3 4 5 6 7 8 8 9 10 11 12 13 14 12 13 14 15 16 17 18 15 16 17 18 19 20 21 9 10 11 12 13 14 15 19 20 21 22 23 24 25 22 23 24 25 26 27 28 26 27 28 29 30 31 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 29 APRIL MAY JUNE S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 JULY AUGUST SEPTEMBER S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 OCTOBER NOVEMBER DECEMBER S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 8 9 10 11 12 13 14 11 12 13 14 15 16 17 13 14 15 16 17 18 19 15 16 17 18 19 20 21 18 19 20 21 22 23 24 20 21 22 23 24 25 26 22 23 24 25 26 27 28 25 26 27 28 29 30 31 27 28 29 30 31 29 30 City Holidays Proposed Meeting Budget Worksession National Night Out Good Neighbor Day Maryland Day MML Four Cities Holidays and Observances 2020 Wednesday, January 1, 2020 New Year’s Day Monday, September 7, 2020 Labor Day Monday, January 20, 2020 Martin Luther King, Jr. Day Wednesday, November 11, 2020 Veteran’s Day Monday, February 17, 2020 President’s Day Thursday, November 26, 2020 Thanksgiving Day Sunday, April 12, 2020 Easter Sunday Friday, November 27, 2020 Day After Thanksgiving Monday, May 25, 2020 Saturday, July 4, 2020 Memorial Day Independence Day Friday, December 25, 2020 041 Christmas