Mayor & City Council

MINUTES Regular Meeting of the College Park City Council Tuesday, December 8, 2020 7:30 p.m. – 10:18 p.m. Due to the COVID-19 Pandemic, this was a virtual meeting PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, 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; Robert Marsili, Director of Public Works; Terry Schum, Director of Planning; Steve Halpern, City Engineer; Jill Clements, Director of Human Resources; Miriam Bader, Senior Planner; Gary Fields, Director of Finance; Kiaisha Barber, Director of Youth, Family and Senior Services; Adam Rosenbaum, Student Liaison; Julia Nikhinson, Deputy Student Liaison. Mayor Wojahn opened the virtual Regular meeting at 7:30 p.m. SWEARING-IN: Mayor Wojahn administered the Oath of Office to incoming District 2 Councilmember Llatetra Brown Esters. ANNOUNCEMENTS: Councilmember Kabir announced Monday’s Community Police Meeting and the North College Park Community Association meeting. Councilmember Kennedy provided details about the no-contact holiday cookie exchange she is organizing. Councilmember Dennis discussed the Lakeland Civic Association’s tree lighting and the monthly Berwyn District Civic Association meeting. Councilmember Rigg discussed the Calvert Hills Civic Association virtual tree lighting. Councilmember Mitchell announced the Women’s Book Club that begins in January. Councilmember Mackie promoted the Route 1 Communities Care organization: https://www.feedrouteone.org/ ; and the Deck the City holiday lights contest. Mayor Wojahn announced various County meal relief opportunities for seniors and people with disabilities. College Park City Council Meeting Minutes December 8, 2020 Page 2 CITY MANAGER’S REPORT: Mr. Somers reported on the Deck the City Holiday Lights contest; the City’s holiday schedule; COVID-19 grants; Eviction Prevention grants; and the Restaurant Relief Program. Councilmember Rigg asked when the Doris Ellis essay contest winner be announced? This week. PROCLAMATIONS:  Mayor Wojahn and members of the City Council recognized former District 2 Councilmember P. J. Brennan and thanked him for his service to the City. Mr. Brennan made personal remarks.  Mayor Wojahn presented the Jack Perry Award to Bonnie McClellan. He, members of the City Council, the Perry Family, and community members, honored Ms. McClellan for her extensive service to the community.  Mayor Wojahn read a proclamation for Scott Somers, outgoing City Manager.  Mayor Wojahn read a proclamation for Jill Clements, Human Resources Director, who is retiring this month. AMENDMENTS TO AND APPROVAL OF THE AGENDA:  20-G-195 Rigg/Day – Add a discussion tonight about a proposed action item on the December 22 meeting – establishment of permit parking on Beechwood Road, 8-0.  20-G-196 Mackie/Mitchell – Add to Consent – support for an effort to overturn the Governor’s veto of expansion of MARC service, 8-0.  20-G-197 Kabir/Mackie - Add to consent - Send letter with City comments on DEIS for Bureau of Printing and Engraving facility moving to BARC, 8-0.  Approve the agenda as amended Mitchell/Rigg, 8-0. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: None. PUBLIC HEARING A. Petition request for Traffic Calming in the 5000 block Fox Street between Rhode Island Avenue and 50th Place Mr. Halpern reviewed the staff report. The warrants for traffic volume and speed were not met. Public Comment: Will and Julia Sankey, residents: They have young children and are concerned about speeding on the street. They expect more people will be in the area when the dog park opens. College Park City Council Meeting Minutes December 8, 2020 Page 3 There being no further public comment, Mayor Wojahn closed the public hearing. CONSENT AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Rigg to adopt the Consent Agenda which consisted of the following: 20-R-24 Resolution Of The Mayor And Council Of The City Of College Park Adopting The Recommendation Of The Advisory Planning Commission Regarding Variance Application Number CEO-2020-02, 9432 Rhode Island Avenue, College Park, Maryland, Recommending Approval Of A Variance From City Code §87-23 C To Permit The Construction Of A 4- Foot High Front Yard Fence. 20-G-181 Approval of 2021 Mayor and Council meeting schedule. 20-G-182 Appointment of Bill Gardiner, Assistant City Manager, as Interim City Manager, beginning immediately upon the departure of current City Manager, Scott Somers, and approval of a temporary monthly increase in wages of $2,500. 20-G-183 Approval of Minutes from the November 4, 2020 Worksession; the November 10, 2020 Regular Meeting; and the November 17, 2020 Regular Meeting/Worksession. 20-G-189 Approval of additional Food Service Grants related to COVID-19 in the amounts of $20,000 for Meals on Wheels; $20,000 for College Park Food Bank and $10,000 for Route 1 Communities Care. 20-G-190 Approval of amendment to contract with Hitachi, authorizing purchase and installation of 10 security cameras on the Trolley Trail for $132,615.40 ($79,569.24 of which will be reimbursed by a State bond obtained by CPCUP) and to include the cameras in the City’s maintenance contract with Hitachi when appropriate. 20-G-186 Approval of an FY ‘21 Education Grant in the amount of $2,750 to University Park Elementary for “Literacy in Math” program. 20-G-187 Letter of Commitment for City membership in the AARP Livable Communities Network 20-R-25 Resolution of Support for Submission of a PAMC application to assist with fulfilling requirements of membership in AARP Network College Park City Council Meeting Minutes December 8, 2020 Page 4 20-G-188 Support for Community Legacy applications for Hollywood Commercial District Streetscape Project and College Park City-University Partnership Homeownership Program 20-G-194 Approval of an amendment to the Scope of Work in the contract with Performance Breakthroughs, Inc. for additional strategic plan and performance measurement services, approval of a $20,000 increase in the contract amount for these additional services, and to authorize the City Manager to sign the contract amendment upon review by the City Attorney. ADD Approval of support for the Sierra Club’s effort to override the 20-G-196 Governor’s veto of a bill that would work toward expanding MARC service. ADD Approval of letter with City comments on DEIS for the proposed 20-G-197 relocation of the Bureau of Printing and Engraving to the BARC site. The motion passed 8-0. ACTION ITEMS 20-G-185 Council action on the petition request for Traffic Calming in the 5000 block Fox Street between Rhode Island Avenue and 50th Place. A motion was made by Councilmember Kabir and seconded by Councilmember Kennedy to approve the installation of a speed hump in the 5000 block of Fox Street and to direct the City Engineer to site and install it at his discretion. Councilmember Kabir said traffic volume is probably reduced due to COVID, and with the future addition of the dog park nearby, a speed bump will be a good addition. Councilmember Kennedy agrees with the need for the speed hump. Councilmember Rigg said this is the 5th traffic calming application he has seen since he has been on Council and none of them met the warrants. Is it worth the City Engineer’s time to conduct a traffic study when the results are routinely overridden? They make our City more difficult to traverse and residents don’t get to say where the speedbumps or signs are installed. If the residents of the street and the Councilmembers of the district support it, he will as well. The motion passed 8-0. College Park City Council Meeting Minutes December 8, 2020 Page 5 20-G-191 Preliminary Plan of Subdivision 4-20017, Aspen - Maryland, Knox Road at intersection with Guilford Drive Ms. Schum said this is a subdivision application for the future development of 130 units of student housing on two parcels at the intersection of Knox Road at Guilford Drive. This was reviewed at last week’s Worksession. Staff is recommending conditional support. There is a slight modification to Condition 3C in the virtual red folder which is supported by the applicant. Councilmember Mackie asked if the applicant can discuss the price points of the units, and why they decided to put a swimming pool at the development. Matthew Tedesco, attorney for the applicant: Pricing does not happen until later in the process, but he will try to provide rental ranges at the time of Detailed Site Plan. The amenity package, as well as the location, is what creates the buzz for the project and makes it marketable. Mr. Rosenbaum asked if the client is interested in being competitive on pricing. Mr. Tedesco said the variety of unit types will provide a variety of price points. A motion was made by Councilmember Rigg and seconded by Councilmember Day that the City Council recommend approval of Preliminary Plan of Subdivision 4-20017 with conditions (noting the amendment to condition 3C), and recommend approval of the PUE variation. Councilmember Rigg shares the concerns about affordable student housing but feels this is a good project with a reputable developer. The Lord Calvert Manor neighborhood has been transformed over the years and The Aspen will be a nice addition. Comments from the audience: Zach Goldberg, resident: He lives in one of the affordable houses – a Knox Box – remaining in the City, which will be torn down to make room for this development. He and his roommates appreciate being able to live near the campus at an affordable price. He and his roommates don’t need a swimming pool and other high-end amenities. They are concerned about affordability. This building looks like all the other luxury housing developments. If you are serious about affordable housing don’t tear down the affordable housing. It comes down to housing equity and choice. Gabriel Dayanim, resident: He also lives in one of the Knox Boxes. This new building seems like any of the other new developments that are extraordinarily expensive. Three of them share $1,700 rent/month. At Terrapin Row, there is over a $300 difference. Councilmember Kennedy asked staff to explain the process for new development. Ms. Schum said this area was designated for redevelopment in the County’s new Sector Plan that was supported by the City because of concerns about the age and conditions of some of the properties. The area was rezoned with a higher density, so underutilized properties are now being redeveloped. These projects also have the support of the University. These are private College Park City Council Meeting Minutes December 8, 2020 Page 6 transactions; the Prince George’s County Planning Board gives final approval. It is difficult for the City not to support an application like this when it aligns with the Sector Plan, so we strive to make it the best application that we can through conditions. Councilmember Mackie discussed the concerns she has heard about high density development and the high rents being charged. She will vote no. Councilmember Kabir shares the concerns about the affordability. There is a divide across Route 1 – those who can afford and those who can’t afford the rents in the new developments. He acknowledged that we have limited tools to address the rental rates but we should think of changes that we can make and work with the University. He will vote no. Councilmember Rigg clarified what we are voting on today – the developer owns the property and we can’t stop the development from going forward. We are voting on the conditions to make the project better. Voting no doesn’t get us anywhere. Councilmember Mitchell requested the topic of affordable housing for a future discussion. The Housing Plan discussed how to bring development closer to the University. We need to be clear on what we are voting on tonight. We can’t tell developers what to charge. We need to work with the University to address the affordability concern. Mayor Wojahn concurred with Councilmembers Rigg and Mitchell. There are no easy answers to the matter of affordable housing. We need to encourage more affordable housing projects. Voting against this project tonight isn’t going to help us get affordable housing. Roll Call Vote: Yes: Kennedy, Dennis, Esters, Rigg, Day, Mitchell No: Kabir, Mackie Motion passed 6-2-0. 20-G-192 Approval of an amendment to our Small Cell Application and Agreement Ms. Ferguson said new wording has been provided for the license agreement for small cell facilities in City rights-of-way (ROW). The FCC requires that governments allow this installation in the ROW. The City previously adopted a law and application consistent with the FCC requirement. Verizon has expressed its intent to apply for installations in City ROW. The proposal is for up to 38 installations. She introduced Genese Thomas and Fiona Hilyer from Verizon to answer questions. Ms. Ferguson clarified that our code permits a 5-year term with a five-year option. No other municipality in the County has received an application yet. This agreement does not have a termination for convenience clause; Verizon has declined to agree to that. We have allowed for relocation of these facilities if there is a public need. This agreement will allow the 5G network to be installed in the City. College Park City Council Meeting Minutes December 8, 2020 Page 7 Ms. Thomas and Ms. Hilyer from Verizon: Verizon is still in the planning stages; they don’t have final siting yet. They hope to have them installed by the end of 2021. The cost to build out the network is extraordinary so they cannot agree to a termination for convenience clause. The majority of antennas will be on existing Pepco poles or Verizon poles; one is on a City owned light pole. No new poles will be installed. Councilmember Rigg noted that the southern part of the City is cut off on the map. Ms. Hilyer said this is just the initial phase and additional installations are forthcoming. Mayor Wojahn confirmed with Verizon that they have no objection to the agreement that is before Council. The Verizon representatives confirmed. Councilmember Day sits on the NLC Information Technology & Communications Committee and is familiar with the complexity of this project and thanked staff for their efforts. He questioned some particular areas in his neighborhood that don’t seem to be connected by line of sight. He would like to see installations in all four districts of the City. Ms. Ferguson said that staff is also asking for permission to amend the application with tonight’s motion. A motion was made by Councilmember Kennedy and seconded by Councilmember Rigg to approve amendment of the License Agreement for deployment and installation of small wireless facilities and support structures in substantially the form attached, to authorize staff and the City Attorney to update the City’s Application, and to authorize a two-tier application process. There were no comments from the audience or the Council. The motion passed 8-0. 20-G-193 Discussion of the City Manager Recruitment timeline and process, including possible approval of adding a Council meeting on Tuesday, December 22 for award of contract CP-21-04 for Executive Search Consultant. Mr. Somers said the City received 8 proposals in response to the RFP for an Executive Search Consultant. Staff will narrow it down to 3 top choices for interviews next week. Council could award a contract to the top choice at a new meeting on December 22. The hope is to have a new City Manager on board in May. A motion was made by Councilmember Rigg and seconded by Councilmember Day to approve a Special Meeting on Tuesday, December 22 for the purpose of awarding a contract for the Executive Search Consultant. College Park City Council Meeting Minutes December 8, 2020 Page 8 Councilmember Mitchell asked for guidance about what to expect during the review of proposals and for the interviews of the three firms. The motion passed 8-0. ADD 20-G-195 Discussion about a proposed permit parking on Beechwood Road Councilmember Rigg said the large construction projects in the Lord Calvert Manor area are resulting in construction workers parking on nearby residential streets that don’t have permit parking. He would like to add consideration of permit parking on Beechwood Road to address the problem at the December 22 meeting. A public hearing is required; this will allow enough time for notices to be sent. A motion was made by Councilmember Rigg and seconded by Councilmember Day to add to December 22 agenda consideration of permit parking on Beechwood Road for an initial 2-year period, enforcement to match Zone 7 requirement of surrounding streets. There were no comments from the audience or the Council. The motion passed 8-0. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Kennedy to adjourn the meeting. Mayor Wojahn announced there will not be a Closed Session tonight. The motion passed 8-0 and the meeting was adjourned at 10:18 p.m. _____________________________________ Janeen S. Miller Date City Clerk Approved CLOSED SESSION December 1, 2020 On December 1, 2020 at 9:17 p.m., at the conclusion of the Worksession, a motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn into a Closed Session. Mayor Wojahn read the closing statement: Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Article, Section 3-305, the Mayor and Council of the City of College Park will meet in a Closed Session for the following purposes: To consult with Counsel to obtain legal advice; To consider a matter that concerns the proposal for a business or industrial organization to locate in Prince George's County; and to discuss a personnel matter. College Park City Council Meeting Minutes December 8, 2020 Page 9 He said the Council will not return to public session after the closed session. The motion passed 7-0 and the meeting was adjourned at 9:17 p.m. At 9:24 p.m. the Mayor and Council reconvened in Closed Session. Due to the COVID-19 Pandemic, the meeting was held virtually. Mayor Wojahn was the Open Meetings trainee. Mayor Wojahn and Councilmembers Kabir, Kennedy, Dennis, Day, Rigg, Mitchell and Mackie were in attendance. In addition, the meeting was attended by Councilmember-elect Esters; City Manager Scott Somers; and City Attorney Suellen Ferguson. Assistant City Manager Bill Gardiner and City Clerk Janeen Miller attended a portion of the meeting. The City Manager and City Attorney updated the Mayor and Council on the status of negotiations and answered questions about a lease agreement. The City Attorney provided legal advice. No action was taken. The Council discussed the appointment of an Interim City Manager after Mr. Somers leaves. No action was taken. A motion was made by Councilmember Mackie and seconded by Councilmember Dennis to adjourn the Closed Session, and with a vote of 7-0, Mayor Wojahn adjourned the meeting at 10:23 p.m.