Mayor & City Council

WORKSESSION AND SPECIAL SESSION MINUTES College Park City Council Tuesday, December 7, 2021 7:30 p.m. – 10:33 p.m. Due to the COVID-19 Pandemic, this was a Virtual Meeting. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell, and Mackie. Councilmembers-elect Stuart Adams and Susan Whitney also attended. ABSENT: None. ALSO PRESENT: Kenny Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Bob Ryan, Director of Public Services; Teresa Way-Pezzuti, Director of Human Resources; Kiaisha Barber, Director of Youth, Family and Senior Services; Bob Ryan, Director of Public Services; Jim Miller, Parking Enforcement Manager; Robert Marsili, Director of Public Works; Brenda Alexander, Assistant Director of Public Works; Michael Williams, Economic Development Manager; David Thornton, Racial Equity Officer; Hayden Renaghan, Deputy Student Liaison. Mayor Wojahn opened the Virtual Worksession at 7:30 p.m. and reminded everyone that this is the 80th anniversary of Pearl Harbor Day. CITY MANAGER’S REPORT: Mr. Young announced that the Hollywood Commercial District Streetscape project will begin this week with completion anticipated in October 2022; we have completed our move into the new City Hall at 7401 Baltimore Avenue; ARPA fund applications are available on our website; City Hall Ribbon Cutting is next Tuesday. AMENDMENTS TO /APPROVAL OF AGENDA: • Rigg/Kennedy to place 21-G-147 on Consent, passed 8-0. • Mitchell/Rigg, to approve agenda as amended, passed 8-0. PRESENTATION: Mayor Wojahn presented the 2021 Jack Perry Award to Arelis Pérez. ENTER SPECIAL SESSION: 7:52 p.m., Dennis/Day, passed 8-0. PUBLIC HEARINGS: A. Charter Amendment 21-CR-02, Charter Resolution Of The Mayor And Council Of The City Of College Park, To Amend Article I, “General Provisions”, By Enacting §C1-5, “Attendance At Meetings” To Authorize The Mayor And Councilmembers To Participate In And Vote At A Meeting Either In Person Or Through Remote Electronic College Park Worksession Minutes December 7, 2021 Page 2 Visual And Audio, Or Audio, Or Other Means That Provide The Ability For The Public To Observe The Meeting. Ms. Ferguson summarized the ordinance. This is enabling legislation to allow remote participation by elected officials under certain circumstances. There were no comments from the public. Mayor Wojahn declared the hearing as having been held. B. Ordinance 21-O-15, Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 184 “Vehicles And Traffic”, Article II “Parking Regulations” By Repealing And Reenacting §184-6 “Definitions” And §184-8, “Prohibited Vehicles, Permits Required For Certain Vehicles” To Define Good Cause, Eliminate Weight And Load Capacity Limits For Vehicles That Do Not Exceed 21 Feet In Length Or 6 Feet In Width; Authorize The City Manager To Grant Permission For Good Cause To Allow A Prohibited Vehicle To Park On A City Street For No More Than 30 Days; And Authorize The Advisory Planning Commission To Hear And Make Recommendations To The Council With Respect To Requests For Permission For Good Cause To Park Prohibited Vehicles For Longer Than 30 Days. Mr. Ryan described the amendments provided in this ordinance. Councilmember Kabir asked if staff had been in touch with the APC about their role in this and whether they were comfortable taking on this role. Mr. Ryan thought there would be far fewer requests because of the change to the definition of a prohibited vehicle. Councilmember Esters asked how waivers are handled currently. He responded that the City Manager can grant a 24-hour permit, and everything else must be approved by the Mayor and Council. There were no comments from the public. Mayor Wojahn declared the hearing as having been held. CONSENT AGENDA: A motion was made by Councilmember Esters and seconded by Councilmember Rigg to adopt the Consent Agenda, which consisted of the following items: 21-G-143 Approval of a contract with O’Malley, Miles, Nylen & Gilmore, P.A. for State lobbying services (requires a supermajority) 21-G-144 Approval of a contract with L. A. Perez Consulting for County lobbying services (requires a supermajority) 21-R-23 Adoption of a 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-2021-02, 5002 Indian Lane, College Park, Maryland, Recommending Denial Of Variances College Park Worksession Minutes December 7, 2021 Page 3 From Section 27-420(A) Of The Prince George’s County Zoning Ordinance, And §87-23 C Of The City Code, To Construct A 6-Foot-High, Stockade, Front Yard Fence. 21-G-147 Approval of Support for DACA Amici Curiae brief. The motion passed 8-0. ACTION ITEMS: 21-G-145 Consideration of public school education grant awards Ms. Barber reviewed the staff report and presented the recommendation of the Education Advisory Committee. Ms. Barber added that four schools haven’t submitted applications yet but are still eligible to do so. Councilmember Rigg asked about the application for Chromebooks because the County committed to providing Chromebooks for all students. Ms. Barber has heard that not all Chromebooks are functional, and the County is not providing additional resources. Councilmember Day added the schools don’t have enough technology staff to keep them working. Council requested additional information about the situation with the Chromebooks. Councilmember Rigg would like to see City funding go to help bolster Parent-Teacher associations in the schools. A motion was made by Councilmember Kennedy and seconded by Councilmember Dennis to award the following Public School Education grants: 1. $2,250 College Park Academy- Environmental Club “E-force” 2. $2,750 Berwyn Heights Elementary- Social and Emotional Learning Resource Support 3. $2,750 University Park Elementary- Multimodal Education Materials for student with Learning Differences 4. $2,750 Buck Lodge Middle- Positive Behavior Intervention and Supports Incentive Program 5. $8,000 Paint Branch Elementary- Chromebooks for Students 6. $8,000 Greenbelt Middle School- Extended Learning Opportunities (ELO) PSAT/TAP for a total of 26,500. Councilmember Kennedy added that she agrees we should get the answers about the Chromebooks but in the meantime we should move forward with this funding. There were no comments from the audience. College Park Worksession Minutes December 7, 2021 Page 4 Councilmember Dennis said the schools did their work to submit the grant applications and they would be doubly punished if we were not to grant this particular award for the Chromebooks. The motion passed 7-0-1 (Councilmember Day abstained because he is the Chair of the College Park Academy Board). 21-G-146 Consideration of a modification of language to an existing License Agreement with the City of College Park with University Garden Apartments located at 4620, 4622, 4624 and 4626 Knox Road College Park, MD. Mr. Young said this is to authorize an amendment to the license agreement that has been in place since 2014 with the University Garden Apartments. The public purpose is the 20 parking spaces that it provides, otherwise those cars would have to park on the street. Councilmember Rigg disclosed that he was contacted by the attorney for the applicant earlier this week. He asked about the difference between a “Public Purpose” and “Compelling Public Purpose” and what recourse the owner could take if the City asserted a Compelling Public Purpose. Ms. Ferguson said the City is being asked to give more of a promise to this owner than they did before. She added that a License Agreement can’t be transferred to a new owner and if the property stops being used for this purpose the need for the parking spaces could cease. The License Agreement is terminable by the City. Larry Taub, Attorney for the owner: In 2014 they came to the Council requesting certification of Non-Conforming Use. They didn’t realize that 20 parking spaces were in the right-of-way, and the Council agreed to deal with it through the existing License Agreement. He is now before us representing the contract purchaser of the property. A lender will need to be involved, and it is the lender that has requested that the language be tightened up. It is in the public interest because otherwise those 20 cars would have to park on the public streets in an area where parking is tight. Councilmember-elect Adams posited that the property assessment and resulting tax revenue for this property may increase because of anticipated improvements by the new owner. Mr. Taub agreed and added that Councilmember Rigg is concerned we haven’t provided enough flexibility to the City in the event we need the right-of-way in the future. A motion was made by Councilmember Rigg and seconded by Councilmember Esters to authorize the amendment of the License Agreement with University Gardens, Inc., in substantially the recommended form stated in the staff report and subject to the City Attorney’s approval, with the modification of substituting the word “clear” for the word “compelling” in Paragraph 1. College Park Worksession Minutes December 7, 2021 Page 5 There were no comments from the audience. Councilmember-elect Whitney suggested inserting “in the City’s sole determination” for the compelling public good. Councilmember Rigg said that with this language, we just have to show that it is “clear” rather than prove it is “compelling,” and added that this apartment complex has provided relatively affordable student housing and he wants to support it. Ms. Ferguson clarified the language (“If the City in its sole discretion determines that there is a clear public purpose to do so….”) and added she would tighten up the language about the number of units that would still have to be there. Amendment #1: Kennedy/Esters – motion to amend the motion on the table to insert “in the City’s sole discretion, determine….” Mr. Taub is concerned that the language “in the City’s sole discretion” could jeopardize the transaction. He was less concerned about changing the word “compelling” to “clear.” Councilmembers Rigg and Day do not support the proposed amendment. Vote on Amendment #1: failed 0-8. The main motion passed 8-0. 21-R-24 Review and possible adoption of “No-Mow April” Resolution Ms. Ferguson gave an overview. Councilmember Mitchell has heard concerns from residents about this proposal and from landscapers who are concerned about income. She asked how the pilot program would be evaluated and about the public education component. Alan Hew, Chair, Bee City USA Committee, said this is voluntary, and there might be the potential to evaluate the number of bee species. He said we can compare the number of tall grass infractions from the last 3 years to the number during the pilot month. He said the committee can do workshops and speak at Civic Associations. There is also a sign design competition that will raise public awareness. Councilmember Kabir asked about nuisance properties. Will the list of registrants be shared with Code Enforcement so that those are the only properties that are not cited? Ms. Ferguson said the Resolution says “may” suspend enforcement to the extent a hazardous condition is not created or allowed to continue. College Park Worksession Minutes December 7, 2021 Page 6 Councilmember Day said we should consider a small, consistent, mass-produced sign to be used across the City. He suggested a school contest. He added not to fertilize your lawn before no- mow. Councilmember Dennis asked if staff wants to consider a go/no-go date? Ms. Alexander said commercial signs are already available for the first year from the parent organization. A motion was made by Councilmember Kennedy and seconded by Councilmember Kabir to adopt resolution 21-R-24, A Resolution Of The Mayor And Council Of The City Of College Park Designating The Month Of April, 2022, As “No Mow Month,” To Encourage Residents To Voluntarily Delay Lawn Care And Mowing To Support Pollinator-Friendly Habitat During A Critical Period Of Pollinator Emergence. There were no comments from the audience. Mayor Wojahn added that this is a trial program and if we get a lot of complaints, we can reassess the following year. The motion passed 8-0. 21-CR-02 Consideration of 21-CR-02, Charter Resolution Of The Mayor And Council Of The City Of College Park, To Amend Article I, “General Provisions”, By Enacting §C1-5, “Attendance At Meetings” To Authorize The Mayor And Councilmembers To Participate In And Vote At A Meeting Either In Person Or Through Remote Electronic Visual And Audio, Or Audio, Or Other Means That Provide The Ability For The Public To Observe The Meeting A motion was made by Councilmember Rigg and seconded by Councilmember Mitchell to adopt 21-CR-02, a Charter Resolution Charter Resolution Of The Mayor And Council Of The City Of College Park, To Amend Article I, “General Provisions”, By Enacting §C1-5, “Attendance At Meetings” To Authorize The Mayor And Councilmembers To Participate In And Vote At A Meeting Either In Person Or Through Remote Electronic Visual And Audio, Or Audio, Or Other Means That Provide The Ability For The Public To Observe The Meeting Councilmember Kabir asked for an update on the technology component. Ms. Miller said the part we were waiting for will be in on Monday and tested shortly thereafter. She added that this Charter Resolution is enabling legislation, and that we also need to update the Council’s Rules and Procedures. The motion passed 8-0. College Park Worksession Minutes December 7, 2021 Page 7 21-O-15 Consideration of 21-O-15, An Ordinance Of The Mayor And Council Of The City Of College Park Amending Chapter 184 “Vehicles And Traffic”, Article II “Parking Regulations” By Repealing And Reenacting §184-6 “Definitions” And §184-8, “Prohibited Vehicles, Permits Required For Certain Vehicles” To Define Good Cause, Eliminate Weight And Load Capacity Limits For Vehicles That Do Not Exceed 21 Feet In Length Or 6 Feet In Width; Authorize The City Manager To Grant Permission For Good Cause To Allow A Prohibited Vehicle To Park On A City Street For No More Than 30 Days; And Authorize The Advisory Planning Commission To Hear And Make Recommendations To The Council With Respect To Requests For Permission For Good Cause To Park Prohibited Vehicles For Longer Than 30 Days. A motion was made by Councilmember Mackie and seconded by Councilmember Rigg to adopt ordinance 21-O-15 to amend, §184-8(b) of the City Code to eliminate weight and load capacity limits for vehicles that do not exceed 21-feet in length or 6-feet in width; to authorize the City Manager or designee to grant permission for good cause to allow a prohibited vehicle to park on a City street for not more than 30 days; to authorize the Advisory Planning Commission to hear and make recommendations for good cause to the Council with respect to requests for permission to park prohibited vehicles for more than 30 days, not to exceed 2 years; and to amend §184-6 to define good cause. The motion passed 8-0. ADJOURN SPECIAL SESSION AND RESUME WORKSESSION: Motion by Day/Dennis, 9:32 p.m., motion passed 8-0. DISCUSSION ITEMS A. Discussion of a Resolution establishing the Restorative Justice Commission: Mr. Thornton reviewed a PowerPoint presentation with staff recommendations. Mayor Wojahn said the cost estimate was to help the commission do its work and that additional funding may be needed. Ms. Gross would like the Steering Committee to meet and respond to the staff report before this is finalized. Councilmember Esters asked about member recruitment. We need to give this Commission the same level of commitment as we give our others. Councilmember Mitchell wants to wait until the Steering Committee has had an opportunity see the PowerPoint. College Park Worksession Minutes December 7, 2021 Page 8 Councilmember Kennedy hopes this Commission will align with the same process we use for other advisory boards. Council consensus to leave the resolution flexible and work out the details after the resolution is adopted. Councilmember Day said this Commission is not like any other advisory board in the City. Councilmember Dennis asked if the consultants, researchers and writers could be members of the Commission. Passing the Resolution next week could be the first step, but there is still more work that needs to be done to make it a working Commission. Councilmember Rigg is concerned about the six-year time frame; we need to get to the tangible policymaking sooner to stabilize the community. Councilmember Mackie asked about the process. Councilmember-elect Whitney asked if we would need to add City staff for this project and if there is a comprehensive list of the Lakeland Diaspora. Return with a resolution at next week’s regular meeting. B. Review of 2022 Mayor and Council Meeting Schedule: The Mayor and Council reviewed the proposed schedule. Bring back final for approval at next week’s regular meeting. ADJOURN: Motion by Mackie/Mitchell, 10:33 pm, motion passed 8-0. ______________________________________ Janeen S. Miller Date City Clerk Approved