Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, March 24, 2020 7:30 p.m. – 8:39 p.m. Due to the COVID-19 Pandemic, this was a WebEx Virtual Meeting PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg, Mackie, 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; Terry Schum, Director of Planning; Robert Marsili, Director of Public Works; Brenda Alexander, Assistant Director, Public Works; Dan Alpert, Student Liaison; Julia Nikhinson, Deputy Student Liaison. Mayor Wojahn opened the virtual Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir encouraged volunteers to support the College Park Community Food Bank and College Park Meals on Wheels. Mayor Wojahn added that the College Park Rotary Club and Neighbors Helping Neighbors are also providing support to the community. Councilmember Kennedy said the Resident Information Guide arrived today. Councilmember Rigg discussed a survey by the County school system on technology readiness for public school children. Councilmember Mitchell said that residents who are having problem paying their utility bills can contact the companies and ask them to waive late fees. Councilmember Mackie provided a reminder about the Census. Mayor Wojahn announced that the College Park Metro station will be closed starting Thursday; 20 stations are being closed around the region. He added that utility disconnections and evictions are being suspended. He discussed how things are changing day by day and encouraged people to watch the City website for updates. Mr. Alpert reported on the status of University of Maryland classes to fully on-line and that students on campus had to move out. Access to food and restaurants for students staying in town is a concern; he hopes restaurants will continue to provide carry-out. Mayor Wojahn is concerned about students who may have nowhere to go. College Park City Council Meeting Minutes March 24, 2020 Page 2 CITY MANAGER’S REPORT: Mr. Somers reviewed the latest Executive Order from Gov. Hogan and its impact on the City and on City services. AMENDMENTS TO AND APPROVAL OF THE AGENDA: A motion was made by Councilmember Day and seconded by Councilmember Mitchell to add item 20-G-66, “Change Order to the contract with Arc Environmental for soil testing services for the City Hall project” to the Consent Agenda. The motion passed 8-0. A motion was made by Councilmember Rigg and seconded by Councilmember Mitchell to approve the agenda as amended. The motion passed 8-0. PUBLIC HEARINGS: A. Public Hearing on Charter Resolution 20-CR-01, A Charter Resolution Of The Mayor And Council Of The City Of College Park, Amending Article IV, “Voting And Elections”, § C4-3, “Supervisors Of Elections”, To Change The Two-Year Terms Of The Supervisors Of Elections To Begin On July 1, 2020 And To Provide That If A Supervisor Position Becomes Vacant During A Term, A Successor Will Be Appointed To The Remainder Of That Term Ms. Miller said this Charter Amendment is needed to change the appointment date for the Board of Election Supervisors as part of the Committee on Committees recommendations adopted last November. The Supervisors will be appointed on July 1 with two-year terms to ensure that no terms expire in an election year. There were no comments from the audience and Mayor Wojahn declared the Public Hearing as having been held. B. Public Hearing on Ordinance 20-O-05, An Amended Ordinance Of The Mayor And Council Of The City Of College Park Authorizing The Acquisition Of Certain Real Property Located At 7403 Baltimore Avenue, College Park, Md 20740; 7413 Baltimore Avenue, College Park, Md 20740; And Lehigh Road (No Street Number), College Park, Md 20740, For A Public Purpose Ms. Ferguson said this allows the City to acquire some lots located in the block adjoining the City Hall site that are owned by the University of Maryland or are under their control. There is no exchange of money. This is to consolidate all the lots under one ownership by the City. This will allow a condominium regime to be placed on the property so that the University and the City can own separate parts of the building once it is built. Secondly, the University is financing their part of the construction costs through MEDCO and they can’t go to settlement until the condominium regime is placed on the property. Councilmember Kabir asked about the contribution by the University of Maryland to the overall City Hall project. Mr. Somers and Ms. Ferguson said negotiations on the Joint Development Agreement are almost concluded, and the matter will come to Council next month. Public Comment: Mary Cook, resident: She felt there was inadequate information for the public to understand this matter. The public did not receive the additional facts that Ms. Ferguson referred to. She does not think the Council should vote on this tonight. College Park City Council Meeting Minutes March 24, 2020 Page 3 There being no further public comment, Mayor Wojahn declared the Public Hearing as having been held. C. Public Hearing on Ordinance 20-O-06, An Ordinance Of The Mayor And Council Of The City Of College Park To Subject The Consolidated City Hall Lot To A Condominium Regime And To Authorize The Sale Of Condominium Units As They Are No Longer Needed For A Public Purpose. Ms. Ferguson said once the properties are consolidated and the condominium regime is established, there will be four units: Ground, City, UMD and Retail. The City will retain the City and Ground units. The UMD and retail units will be transferred to the UMD and their designee. Condominium leadership will be created in the condominium documents coming to the Council next month with the Joint Development Agreement. This Ordinance is contingent upon Council approval of those documents. There is no money being exchanged for this transfer; it is just being done to consolidate the lots, impose the condominium regime, and transfer the units to the parties. Councilmember Kennedy asked about the timing and why we are doing this now. Ms. Ferguson said this is happening now because the University can’t go to settlement to get their financing until the condominium regime is applied. They need the financing to pay the City’s lump sum and for their construction costs. Councilmember Kabir has concerns about the economy due to COVID-19 and we should consider what would happen if we go into a recession. This might be a good time to pause and wait a few weeks. Mr. Somers discussed the cost consequences to the overall project if this was delayed: costs would increase, the University wouldn’t get their financing and the City wouldn’t get its lump sum payment. He doesn’t think it is prudent to delay. Ms. Ferguson said that might be a conversation for another day. We don’t want to impede the University’s ability to get their funding. Public Comment: Mary Cook, resident: We have inadequate facts. This is a huge commitment and perhaps we should be prudent and not take this step forward. We should be concerned with the residents and not the University. There being no further public comment, Mayor Wojahn declared the Public Hearing as having been held. College Park City Council Meeting Minutes March 24, 2020 Page 4 CONSENT AGENDA: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of: 20-G-59 Approval of a three-year contract for city-wide grass cutting. 20-G-64 Approval of Minutes from the January 21, 2020 Worksession. 20-G-60 Award of contract in the amount of $140,000 to Procom Communications, LLC d/b/a Communications Electronics of Jessup, MD subject to the City Attorney’s approval, for the purchase, installation and implementation of a new City-wide two-way radio system, riding the state of Maryland contract #0607400088, to be funded in the FY 21 budget. 20-G-61 Approval of Implementation Plan for Committee-On-Committee Resolution 19-R-22. 20-G-43 Award of task order, subject to the approval of the City Attorney, to RK&K for Rhode Island Avenue buffered bike lanes. 20-G-65 Approval of an extension of HR&A consulting services regarding the City Hall project in an amount not to exceed $30,000. 20-G-66 ADDED: Approval of a Change Order to an existing contract with ARC Environmental to provide soil testing services during excavation for the City Hall project. The motion carried 8-0. ACTION ITEMS: 20-CR-01 Adoption of Charter Resolution 20-CR-01, A Charter Resolution Of The Mayor And Council Of The City Of College Park, Amending Article IV, “Voting And Elections”, § C4-3, “Supervisors Of Elections”, To Change The Two-Year Terms Of The Supervisors Of Elections To Begin On July 1, 2020 And To Provide That If A Supervisor Position Becomes Vacant During A Term, A Successor Will Be Appointed To The Remainder Of That Term A motion was made by Councilmember Rigg and seconded by Councilmember Kennedy to adopt Charter Resolution 20-CR-01. There were no comments by Council. The motion passed 8-0. College Park City Council Meeting Minutes March 24, 2020 Page 5 20-O-05 Adoption of Ordinance 20-O-05, An Amended Ordinance Of The Mayor And Council Of The City Of College Park Authorizing The Acquisition Of Certain Real Property Located At 7403 Baltimore Avenue, College Park, Md 20740; 7413 Baltimore Avenue, College Park, Md 20740; And Lehigh Road (No Street Number), College Park, Md 20740, For A Public Purpose. A motion was made by Councilmember Day and seconded by Councilmember Rigg to adopt Ordinance 20-O-05. Councilmember Day this is an important step to continue to move this project forward. Councilmember Kabir expressed concern about adopting this ordinance during this volatile time. Councilmember Mitchell asked for clarification on what we are voting on. Ms. Ferguson explained the steps that are needed to enable the UMD to get their funding: the property has to move into the ownership of the City so that a condominium regime can be placed upon it, which will then allow the University to go to settlement and get their funding. Councilmember Mitchell followed up that in April we will be discussing the Joint Development Agreement, and that’s where we can go into the money and finance part of the project? Ms. Ferguson said yes. Mr. Somers reiterated that what is up for consideration tonight is conditioned on the Joint Development Agreement being approved in April. Councilmember Kennedy thinks the underlying issue is whether we should be moving forward with this large project at this time, and thinks it is important when we discuss this next month we discuss the importance of keeping our economy going in this uncertain time and the role that municipalities and this project can play. Ms. Somers discussed the debt service on this bond and said we would discuss this and other implications of the COVID-19 situation at the budget Worksession on Saturday. Councilmember Rigg agreed with Councilmember Kabir that many are nervous about the economy but added that by not approving this now we would only increase the uncertainty. We don’t want to leave a large pile of rubble where our City Hall once stood. It is important to move the project forward. The motion passed 7-1-0 (Kabir opposed). 20-O-06 Adoption of Ordinance 20-O-06, An Ordinance Of The Mayor And Council Of The City Of College Park To Subject The Consolidated City Hall Lot To A Condominium Regime And To Authorize The Sale Of Condominium Units As They Are No Longer Needed For A Public Purpose A motion was made by Councilmember Brennan and seconded by Councilmember Day to adopt Ordinance 20-O-06. College Park City Council Meeting Minutes March 24, 2020 Page 6 There were no comments. The motion passed 7-1-0 (Kabir opposed). 20-G-63 Appointments to Boards and Committees A motion was made by Councilmember Kabir and seconded by Councilmember Kennedy to appoint Adrea Benedetti to the Veterans Memorial Committee. The motion passed 8-0. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn the Regular Meeting, and with a vote of 8-0, the meeting was adjourned at 8:39 p.m. _______________________________________ Janeen S. Miller, CMC Date City Clerk Approved