Mayor & City Council

TUESDAY, SEPTEMBER 20, 2022 CITY OF COLLEGE PARK WORKSESSION AGENDA 7:30 P.M. Due to the COVID-19 Pandemic, this will be a hybrid meeting: In Person -- 2nd Floor Council Chambers, City Hall, 7401 Baltimore Avenue Or Via Zoom -- Link to join Webinar https://zoom.us/j/92398574069 COLLEGE PARK MISSION We provide excellent services, transparent and inclusive governance, and advocate for our residents to enhance the quality of life for our diverse community. Time Item Staff/Council 7:30 Call To Order City Manager’s Report Amendments To And Approval Of The Agenda Ryna Quinones, Communications & Expansion of Community Outreach in non-English languages 7:35 1 Events Manager; (20) Bill Gardiner, Assistant City Manager Special Session (22-G-129): Recommendation on DSP- Terry Schum, 7:55 2 21024 for the EcoGrads development (30) Director of Planning 8:25 3 Requests for/Status of Future Agenda Items Mayor and Council 8:30 4 Mayor and Councilmember Comments Mayor and Council 8:35 5 City Manager's Comments Kenneth A Young Adjourn 001 1 ➢ 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: Speakers are given three minutes to address the Council during “Public Comment on 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. ➢ You may park for free in the Downtown Parking Garage located at 7306 Yale Avenue to attend this meeting. ➢ 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 2  1. Expansion of Community Outreach in non-English languages 003  CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Ryna Quinones Meeting Date: 9/20/2022 Communications & Events Manager Presented By: Ryna Quinones Proposed Consent Agenda: N/A Communications & Events Manager Originating Department: Administration – Communications Issue Before Council: Expansion of Community Outreach in Non-English Languages Strategic Plan Goal: Innovate and improve City services to enhance quality, value, and accessibility for all our residents Background/Justification: After the budget worksessions held in March 2022, staff reviewed current translation practices and opportunities to further expand our language accessibility. Below is a list of current and expanded methods for accessing City information for residents who are non-English speakers. Our website features a Google translate widget in the bottom right corner that allows for automatic translation in more than 100 languages. As we have reduced the number of pdfs on our site by adding content to the pages themselves, much of our content can be translated automatically to increase accessibility. Most if not all browsers (including mobile) now feature native/automatic language translation of websites and html pages when the browser detects content in a language that is not the primary language assigned by the user and computer. For instance, if a user is a native Spanish speaker and has their browser/computer/mobile device set to the Spanish language, when they visit our website, the browser will automatically ask the user if they would like it translated into Spanish or just automatically translate it. If on desktop, users can also right click on the page and click on “Translate to…” to change the language or the translation icon in the URL bar. On mobile, users just need to tap on the Aa icon and click on “Translate to…” if their mobile device has multiple languages set or if the page is in another language. In summer of 2019, the City switched its Municipal Scene from a pdf (and non-translatable document) to a digital magazine HTML5 format that would allow for automatic language translation, scalable text and e- reader capability. The Municipal Scene is published on the first business day of each month. Due to its timely nature, a digital method of translation was preferred so as not to delay the publication and because of its wider language and accessibility reach. Staff is working on adding a note to the monthly newsletter informing residents how the content can be translated. The Weekly Bulletin and other e-newletters will automatically translate in email and browser applications (like websites) or by right-clicking and selecting translate. Staff is working the College Park Here and Now to enable its insert “The College Park Post” to also be automatically translated/scaled/e-reader accessible. As part of our upcoming agreement with the newspaper, the City’s insert will be posted to their site (unchanged and un-edited) like their other content in html to allow for in-browser translation. Once this feature is ready, the City will add a note to its section informing residents how to translate the insert. The City’s Resident Guide has historically been translated into Spanish, and a Spanish language version is available on our website to read or to print. Notice of the Spanish version is also in the booklet, and in the newest edition one of the feature articles informs residents how to translate City publications. Other City publications like Living in College Park have also been translated and printed in Spanish for distribution. 004 The City hosted a Spanish focused event, Salsa Night, at the July Friday Night Live event. Event notices for College Park Day have been in Spanish, including a Spanish language flyer that will be distributed to local schools and through the Hispanic Parent Support Group (which is managed by the City’s Department of Youth, Family and Senior Services). The Hispanic Parent Support Group, when available, has had a presence at City events. Staff is looking at increasing event notices in Spanish for wider access. Staff has been using the Language Line service for phone calls; the service provides interpreters to assist callers and City staff in real-time. It is also used in the field by Code and Parking Enforcement Officers, and Contract Police, when immediate interpretation is needed. Since January, this service has been used 32 times, predominately for Spanish. When needed, Councilmembers may use the Language Line service for phone calls, and may request an interpreter for a Community meeting. Residents may request an interpreter or captioning service for City Council and advisory board meetings through the City Clerk’s Office. Three-days advance notice is requested to allow for accommodation. When the City provides written material to the residents of Attick Towers, it is provided in English and Korean. In the last two Municipal Elections, all election related material provided by the City was translated into Spanish. Major public communications, such as the 988 and modified exhaust system signs, are now being provided in English and Spanish. Fiscal Impact: The FY23 budget includes funds to complete this work. Council Options: No action required. This is primarily an update on some of the work staff has been doing to make City information and services more accessible to non-native English speakers. Staff is interested in receiving feedback and suggestions from staff and residents on these and other options. Staff Recommendation: N/A Recommended Motion: N/A None Attachments: 2 005  2. Special Session 22-G-129 Detailed Site Plan DSP-21024, EcoGrads 006  CITY OF COLLEGE PARK, MARYLAND REGULAR MEETING AGENDA ITEM AGENDA ITEM 22-G-129 Prepared By: Miriam Bader Meeting Date: 09/20/2022 Senior Planner Presented By: Miriam Bader, Senior Planner Proposed Consent: No Terry Schum, Planning Director Originating Department: Planning and Community Development Action Requested: Consideration of Detailed Site Plan-21024, Ecograds Strategic Plan Objective: OKR #5: Plan and facilitate strategic economic development and smart growth to support a variety of businesses that can thrive and serve the diverse needs of our community. OKR #8: Foster and sustain an affordable and stable city for individuals and families to live, work, play and retire here. Background/Justification: The Applicant, KindBild, LLC, has submitted a Detailed Site Plan (DSP-21024) to construct a 7-story, mixed- use building, including 123 furnished studio apartments which could accommodate up to 256 beds, and 2,300 square feet of retail. The Applicant is required to provide 109 parking spaces on site but was requesting a modification of the Development District Standards to provide only 60 spaces on site and an additional 50 spaces off site in a month-to-month agreement with the owners of the Cambria and The Hotel. At the September 6 Worksession, there was concern expressed by the Council that the lack of on-site parking would negatively impact the adjacent neighborhood, and that the proposed agreement was inadequate. Other proffers from the Applicant were considered including a private shuttle and a per space penalty payment for any spaces not available through the agreement. After further discussions with the Applicant and M-NCPPC staff, the Applicant is now proposing to go back to their original plan and provide all required parking spaces on site. Staff has drafted revised conditions to reflect this change (Attachment 1). The Planning Board hearing is scheduled for September 29, 2022. A Declaration of Covenants to be signed before the Planning Board hearing is shown in Attachment 2 and a map showing permit parking in the vicinity of Ecograds is shown in Attachment 3. Fiscal Impact: Construction costs are estimated at approximately $25 million, and development of the site will provide increased property tax and other revenue to the City. The Applicant has applied for a City Revitalization Tax Credit which is under review by the Economic Development Manager. If deemed eligible, the application will be brought before the City Council after Planning Board approval. Council Options: 1. Recommend support of DSP-21024 with revised conditions. 2. Recommend support with different conditions. 3. Do not support. Staff Recommendation: Option #1 Recommended Motion: I move that the City Council support approval of DSP-21024 (EcoGrads) with revised conditions, and a Declaration of Covenants in substantially the form attached, as recommended by staff. Attachments: 1. Revised Conditions 2. Revised Declaration of Covenants – will be provided prior to the meeting 3. Permit Parking Map in the Vicinity of Ecograds. 4. Link to DSP 21024, Ecograds: https://www.dropbox.com/sh/i7z0qxtyuanvlpx/AADLvVWQIAOtomUDmfvnBS5Sa?dl=0 5. Link to the M-NCPPC PPS staff report, when available: Meeting Portal - The Maryland-National Capital Park & Planning Commission (iqm2.com) 2  ATTACHMENT 1 Revised Detailed Site Plan Recommendation City staff recommends supporting Detailed Site Plan-21024 subject to the following: 1. SUPPORT the following alternative development district standards, as noted below: (Note: The page numbers are referenced in the 2010 Approved Central US 1 Corridor Sector Plan and Sectional Map Amendment) a. Building Form, Character Area 5a, Walkable Nodes (page 234) – To increase building height by 1 story from 6 stories to 7 stories. b. Building Form, Character Area 5a, Walkable Nodes (page 235)-To increase the front setback requirement by 2.5-feet from a maximum 10-feet to 12.5 feet. c. Building Form, Character Area 5a, Walkable Nodes (page 235)-To decrease the rear setback requirement from 10-feet to 1-foot. d. Building Form, Structured Parking (page 243) – To decrease the setback for a parking structure from 50 feet to 1-foot. e. Sustainability and the Environment (p. 256) – To use an alternative certification system (NGBS-Silver) but equivalent to LEED Silver. f. Streets and Open Spaces, Streetscape (page 263) – To use the SHA streetscape plan for Baltimore Avenue rather than the Sector Plan streetscape section. g. Streets and Open Spaces, Street Lighting (page 266)- To use the pedestrian lighting consistent with SHA standards on Baltimore Avenue. h. Streets and Open Spaces, Streetscape Lighting (page 267)-To use the City Pedestrian Lighting standard on Quebec Street. i. Streets and Open Spaces, Open Space (page 268) – To use open terraces. 2. SUPPORT the proposed loading space to be provided partially in City right-of-way rather than on site. 3. DO NOT SUPPORT the following alternative development standards: a. Building Form, Parking (page 239) – To decrease the number of on-site parking spaces by 49 spaces from 109 spaces to 60 spaces. b. Streets and Open Spaces, Streetscape (page 263) – To increase the raised curb radius to greater than 20-feet for Quebec Street. c. Streets and Open Spaces, Street Lighting (page 266) – To not provide City Pedestrian Lighting on Quebec Street. 4. Prior to certification of the Detailed Site Plan, the Applicant shall revise the Site Plan to: a. Show all required parking on site in the parking garage. b. Show a minimum of 6 parking spaces designated for commercial use in the parking garage. c. Place a note on the site plan that the building will comply with FAA Advisory circular 70/7460-1M, Obstruction Marking and Lighting, red lights-Chapters 4, 5 (Red), and 15.  2 d. Remove lead sidewalk perpendicular to Baltimore Avenue unless modified by SHA and/or determined to be needed to accommodate a bus stop. e. Adjust curb radius and sidewalk at Baltimore Avenue and Quebec Street as necessary to connect intersecting sidewalksdecrease the curb radius and straighten the Baltimore Avenue sidewalk (decrease curb radius, straighten Baltimore Avenue sidewalk), subject to approval by unless modified by SHA. 5. Prior to certification of the Detailed Site Plan, the Applicant shall revise the Architectural Plans to: a. Provide a detail of the proposed building murals for review by staff. b.a. Provide a detail of proposed artificial green wall. c. Provide floor plans for each residential level showing unit details including furnishings. 6. Prior to certification of the Detailed Site Plan, the Applicant shall revise the Landscape Plan to: a. Provide a detail of artistic treatment to be applied to all sides of the ground transformer. b. Show two pedestrian light fixtures along the Quebec Street frontage using the City’s standard: Alumilite, DP6-12-4-36” (Red). c. Provide irrigation for the landscaping, as necessary, all plantings (in consultation with the City Horticulturist,) including natives and work with the City Horticulturist to identify substitutions for the following plants: Linden, Serviceberry, Little Bunny and other perennials, Flowering Dogwood, and River Birch. 7. Prior to certification of the Photometrics Plan: a. Confirm that the Photometric Plan complies with applicable standards, especially along the southern property line. 8. Prior to Planning Board approval of the DSP, execute a Declaration of Covenants Agreement with the City that includes, at a minimum, the following provisions: a. Provision of public access easements to the City, if needed, for any sidewalk along Quebec Street and Baltimore Avenue that is not located in the public right-of-way. b. Construction and maintenance of the 15- foot alley according to City standards and in accordance with any County storm drain easement needed for existing facilities, and in coordination with the University of Maryland. c. PILOT to City if the property becomes tax exempt. d. Unitary management and condominium conversion requirements. e. Acknowledgement of responsibility for maintenance of pedestrian light fixtures, landscaping, and sidewalks. f. Restrictions related to reasonable construction staging and hours of operation, if needed. g. Submit the transformer artistic treatment detail to City staff for review. h. Provision of two pedestrian light fixtures along the Quebec Street frontage using the City’s standard: Alumilite, DP6-12-4-36” (Red). i. Submission of revised landscape plan to City Horticulturist for review prior to planting. j. Consideration of Provision of an outdoor art feature on the building or property, which can be matched by City funds (up to $15,000) if it is responsive to the City’s strategic plan objective to communicate the City’s history and culture via prominent  3 j.k. and attractive public art installations to celebrate community. l. Provision of a NGBS matrix and documentation that it is equal to the LEED Silver certification. k.m. Provide floor plans for each residential level including furnishings.  DECLARATION OF COVENANTS AND AGREEMENT REGARDING LAND USE THIS DECLARATION OF COVENANTS AND AGREEMENT REGARDING LAND USE (“Agreement”), is made this _____ day of ___________, 2022 by and between KINDBILD, LLC (“KindBild”), a State of Maryland limited liability company, and the CITY OF COLLEGE PARK (the "City") a municipal corporation of the State of Maryland. WHEREAS, KindBild is the contract purchaser of a 0.52 acre site located at 8421 and 8429 Baltimore Avenue which is at the southeast quadrant of Quebec Street and Baltimore Avenue. (hereinafter “the Property”) located in Prince George's County, Maryland, referenced as Tax Account Nos. 21-2292514 and 2292522 and recorded in the Land Records of Prince George’s County at Liber 38886, folio 00339, all as shown on the plat attached as Exhibit A; and WHEREAS, KindBild has proposed the construction of a mixed-use development comprised of 123 multi-family residential units (256 beds) with 2,314 square feet of commercial space (envisioned as 1,000 square feet for a community art gallery and a 1,314 square-foot café) on the Property (“the Project”); and WHEREAS, KindBild has asked the City to recommend approval of Detailed Site Plan No. DSP 21-024 (“DSP”) for the Project to the Prince George’s County Planning Board (“Planning Board”) and the District Council for Prince George’s County, Maryland; and WHEREAS, the City has agreed to make said recommendation upon certain conditions, which shall be executed by KindBild in the form of this Agreement as set forth below, which covenants run with the land and may be specifically enforced by the City. NOW, THEREFORE, in consideration of the aforesaid recommendations by the City, KindBild hereby declares and agrees on behalf of itself its successors and assigns that the Property shall be held, transferred, sold, leased, rented, hypothecated, encumbered, conveyed or otherwise occupied subject to the following covenants, conditions, restrictions, limitations and obligations which shall run with and bind the Property or any part thereof and shall inure to the benefit and be specifically enforceable by the City, its successors and assigns as follows: 1. The recitals set forth above as well as the foregoing “NOW, THEREFORE,” are incorporated herein as operative provisions of these Covenants. 2. In the event that the Property is developed and subsequently sold to any non- taxable entity, so that the Property is no longer subject to real property taxes, the entity(ies) purchasing the Property or any part thereof, and each of them (and any successors or assigns), shall be liable to make an annual payment in perpetuity to the City, in an amount each year equal to the annual City real property taxes that would be payable on the Property and any improvements for that tax year (“PILOT”), based on the then assessed value and accounting for any approved tax credit or reduction, it being the intent of the parties that the City not be deprived of this income regardless of the tax status of any owner. The obligation contained in this paragraph shall run with the land. Anything to the contrary notwithstanding, the obligation set forth in this paragraph shall terminate as to KindBild and to a Subsequent Owner upon the sale of the Property by KindBild or to an arms-length third party purchaser, provided the Properties are subject to City real property taxes or a PILOT immediately following such sale. A prior owner shall not be liable for a subsequent owner’s failure to pay real property taxes or amounts due under a PILOT obligation of the subsequent Owner. Further, the requirement set forth herein shall not apply in the event the entire Property is obtained by any non-taxable entity via the process of a right-of-way dedication, eminent domain, and/or condemnation. If only a portion of the Property is acquired by a non-taxable entity by right-of-way dedication, eminent domain or condemnation, the amount payable to the City 2 under this paragraph shall be reduced proportionately by the ratio that the assessed value of the portion of the Property dedicated or conveyed bears to the assessed value of the Property as a whole. KindBild, its successors and assigns, shall notify the City in writing upon the closing of any sale to a third-party purchaser, or upon receipt of legal process instituting any action of eminent domain, termination, foreclosure or condemnation, or upon demand or request for dedication. 3. Prior to the issuance of the first certificate of occupancy, KindBild shall provide and install a five foot (5’) wide sidewalk along the entire property frontage along Baltimore Avenue and Quebec Street to supplement that provided by the State Highway Administration. For those portions of sidewalk Commented [A1]: SHA is installing a 5 foot sidewalk and Kindbild is adding to it. along Baltimore Avenue and Quebec Street that are not installed in a publicly dedicated rights-of-way, prior to building permit, KindBild shall provide a Sidewalk Public Access Easement Agreement that shall be to the benefit of the public and the City in a form that is acceptable to the City. The said Sidewalk Public Access Easement Agreement shall set forth the rights, responsibilities, and liabilities of the parties. The Sidewalk Public Access Easement Agreement shall be recorded among the Land Records of Prince George’s County, Maryland and shall be enforceable by the City. KindBild shall maintain any sidewalks installed in a Sidewalk Public Access Easement area. 4. Prior to the issuance of the first certificate of occupancy KindBild shall provide and install two pedestrian light fixtures along the Quebec Street frontage using the City’s standard: Alumilite, DP6-12-4-36” (Red). KindBild shall maintain, in a manner reasonably acceptable to the City, all pedestrian light fixtures and landscaping installed in the rights-of-way or easements pursuant to the DSP and/or this Agreement along Baltimore Avenue and Quebec Street. Maintenance and operation of streetlights shall include but not be limited to electric utility charges, replacement of light bulbs, and repair and replacement of the pedestrian street lights within a reasonable 3  period of time, pursuant to a maintenance schedule established with the City. The City may invoice KindBild on a quarterly basis for electricity costs in the event KindBild is not invoiced these costs directly by the utility company. Invoices shall be payable to the City within thirty (30) days of receipt. In the event that any such invoice is not timely paid, in addition to any other remedy available at law, any outstanding amount shall be a lien upon the Property to be collected in the same manner as City taxes are collected. 5. Prior to the issuance of the first certificate of occupancy, KindBild shall provide and construct a road bed, roadway and retaining wall in the City’s unimproved 15 foot wide alley right-of-way along the eastern property line of the Property, for approximately 95 feet, for purposes of service access and loading, in accordance with City design standards and requirements and in coordination with the University of Maryland, the adjacent property owner. KindBild shall obtain prior approval of the construction plans from the City’s Engineer and shall include any Prince George’s County easement required for new and existing storm drain improvements. KindBild shall maintain the roadway and retaining wall to the City’s satisfaction. 6. KindBild shall indemnify and save harmless the City, its officers, officials, employees and agents, from all suits, actions and damages or costs of every kind and description, including reasonable attorneys’ fees, arising directly or indirectly out of the installation, construction or maintenance of the pedestrian light fixtures, sidewalks, landscaping or alleyway required herein, caused by the negligent act or omission, intentional wrongful acts, intentional misconduct or failure to perform with respect to obligations under this paragraph on the part of KindBild, its agents, servants, employees and subcontractors. 7. KindBild will not sell any of the multi-family apartment units separately from the remaining multi-family apartment units, except in accordance with applicable law. This provision shall not preclude either the sale of a whole building(s) containing multi-family apartment units or the sale of non-residential condominium units or commercial condominium 4 units to another entity, or the sale of interests in the owning entity in connection with a joint venture. When all or a portion of the Property not part of a condominium regime is operated as a rental facility, in order to ensure high quality unitary management, said units shall be managed by KindBild or its affiliates, or in the alternative, by a reputable professional management agent having experience managing multifamily rental properties. that manages at least 500 residential apartments. Any decision to discontinue such required professional property management or management by KindBild or its affiliates shall require the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. 8. KindBild may work with the City to install an outdoor public art feature on the Deleted: shall Property. If this occurs, the parties will develop an acceptable design that is responsive to the Deleted: T City’s strategic plan objective to communicate the City’s history and culture via prominent and attractive public art installations to celebrate community. The City will provide up to $15,000 as a dollar-for-dollar match toward the cost of the art feature. The City’s matching payment shall be delivered to KindBild prior to the commencement of work for the installation of the art feature. Installation of the art feature shall commence no later than one year from the later to occur of (i) issuance of the final Use and Occupancy permit for the Project or (ii) KindBild’s receipt of matching payment from the City. The parties hereto can agree to extend the timeframe for installation of the art feature by a document in writing signed by both parties, and a formal amendment of this Agreement shall not be required. 9. Prior to issuance of the first use and occupancy permit, KindBild shall provide an artistic treatment to be applied to all sides of the electrical transformer at the northeast corner of the building with details provided to City staff at least 30 days prior to implementation. At the same time, KindBild shall provide floor plans to the City for each residential level including 5  furnishings. 10. The Project shall achieve LEED Silver Certification as required by the Sector Plan, or equivalent Home Innovation Research Labs (HIRL) ICC700/NGBS-Silver certification under the applicable, current NGBS rating system. Prior to the issuance of a building permit, KindBild shall submit a LEED or NGBS Scorecard to the City demonstrating compliance with this certification. KindBild shall register the Project with LEED or HIRL and show proof of registration, and provide proof of certification within fourteen (14) months of the completion of construction and the issuance of the final Use and Occupancy permit for the Project. In the event KindBild shall require an extension of time in order to obtain certification, the parties hereto can agree to such an extension , and a formal amendment of the Agreement shall not be required. 11. The parties recognize that the construction of the Project will take place on a space restricted site adjacent to a major roadway. If determined by the City to be necessary, KindBild will require its contactor(s) to adopt and comply with restrictions related to construction staging and hours of operation. In no event will construction activities block access to Quebec Street without the permission of the City. 12. These obligations are subject to and contingent upon final approval of the aforesaid DSP (with such approval being beyond appeal). This Declaration of Covenants shall be automatically considered null and void without further action in the event that the DSP is not approved and KindBild fails to close on, or take title to, the Property. 13. This Agreement shall be effective immediately as to KindBild and shall be binding on its heirs, successors and assigns subject to the terms and conditions hereof. 14. This Property shall be held, conveyed, encumbered, sold, leased, rented, used, and/or occupied subject to the terms and provisions of this Agreement, provided the Property is 6 developed pursuant to the approved Project set forth in the DSP, which shall run with the land. 15. The City shall have the right to enforce, by any proceeding at law or in equity, including injunction, all restrictions, terms, conditions, covenants and agreements imposed upon the Property, and/or KindBild pursuant to the provisions of this Agreement. The parties agree that if KindBild should breach the terms of this Agreement, the City 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. In the event the City is required to enforce this Agreement and KindBild is determined to have violated any provision of this Agreement, KindBild will reimburse the City for all reasonable costs of the proceeding including reasonable attorneys’ fees. Should KindBild prevail in any action brought by the City to enforce a provision of this Agreement, the City shall reimburse said party for all reasonable costs of the proceeding including reasonable attorneys’ fees. 16. Except as stated in paragraphs 8 and 10, this Agreement may not be amended or modified except in a writing executed by all parties hereto, and no waiver of any provision or consent hereunder shall be effective unless executed in writing by the waiving or consenting party. 17. This Agreement shall be construed in accordance with the laws of the State of Maryland, excepting its conflict of law provisions. The provisions of this Agreement shall be deemed severable, so that if any provision hereof is declared invalid or violative of any federal, state or local law or regulation, all other provisions of this Agreement shall continue in full force and effect. 18. In the event that any provision of this Agreement is in direct conflict with any provision mandated by any government agency with jurisdiction including but not limited to approval of the site plan, to the extent that the provision in this Agreement is by necessity precluded, then that provision shall be null and void, provided, however, that the remainder of this 7 Agreement shall remain in full force and effect. 19. The City shall generally support revisions of the DSP for so long as it is found by the City to be in substantial conformance with the development plans for the Property previously shown to and endorsed by the City, upon the satisfaction of the conditions precedent thereto in the PPS and DSP and this Agreement and related declarations and agreements. 20. Neither any failure nor any delay on the part of the City or KindBild in exercising any right, power or remedy hereunder or under applicable law shall operate as a waiver thereof nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 21. All notices given hereunder shall be in writing and shall be hand delivered, sent by United States Postal Service, as certified mail, return receipt requested, postage prepaid, or sent by recognized overnight courier service, addressed as set forth below. Any notice will be deemed to have been delivered at the time the same is actually received (or if receipt is refused, when first attempted). Notices may be delivered to such other address or addresses as either KindBild or the City may from time to time designate to the other by five (5) days’ prior notice in writing. If to KindBild: Mark Manzo Kindbild, LLC 16826 Wesley Chapel Road Monkton, Maryland 21111 If to the City: City Manager 7401 Baltimore Avenue Suite 201 College Park, MD 20740 8  These obligations are subject to and contingent upon final approval of the aforesaid DSP (with such approval being beyond appeal). This Agreement shall be automatically considered null and void without further action in the event that the DSP is not approved. In the event the condition in the foregoing sentence is not satisfied then this Agreement shall automatically terminate and be of no further force or effect and neither party to this Agreement shall have any further obligation to the other with respect to this Agreement. 22. The City, if requested, within thirty (30) days, shall provide KindBild a customary estoppel certificate with respect to defaults, if any, of the obligations herein and other reasonably requested statements associated with this Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be signed, sealed and delivered. WITNESS/ATTEST: KINDBILD, LLC __________________________________ ________________________________________ Printed Name: _____________________________ Title: ______________________________ STATE OF MARYLAND ) ) ss: COUNTY OF ) I HEREBY CERTIFY, that on this day of 2022, before me, a Notary Public in and for the State aforesaid, personally appeared , and being authorized so to do by Kindbild, LLC, executed the foregoing Agreement for the purposes therein contained by signing in my presence. 9 WITNESS my hand and Notarial Seal. (SEAL) Notary Public My Commission Expires: 10 WITNESS/ATTEST: CITY OF COLLEGE PARK By: By: ________ Janeen S. Miller, CMC, City Clerk Kenneth A. Young, City Manager STATE OF MARYLAND ) ) ss: COUNTY OF ) I HEREBY CERTIFY that on this day of , 2022, before me, the subscriber, a Notary Public in the State and County aforesaid, personally appeared Kenneth A. Young, who acknowledged himself to be the City Manager of the City of College Park, and that he, as such City Manager, being authorized so to do, executed the foregoing Agreement 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: THIS IS TO CERTIFY that the within instrument has been prepared under the supervision of the undersigned Maryland attorney-at-law duly admitted to practice before the Court of Appeals. Suellen M. Ferguson 11 This document shall be recorded in the Land Records of Prince George’s County. After recording, please return to: Suellen M. Ferguson, Esq. Council, Baradel, Kosmerl & Nolan, P.A. 125 West Street, 4th Floor Annapolis, MD 21404-2289 12  Parking Spaces Required and Provided for Recent Multi-Family Developments Project Address or DSP # Status Expected Parking Parking Over (+) Approx. (Case Opening Spaces Spaces Under (-) Location number) Required Provided Alloy 4700 Berwyn Rd. 12034-01 Open Open 348 318 -30 Aspen- 4204, 4206, 4205 20031 Under Fall 2023 114 99 -15 Maryland Knox Rd. Construction Aster 4400 Calvert Rd. 17003 Under Fall 2022 630 769 +139 Construction Atworth 7201 River Rd. 17007 Under May 2024 576 403 -173 Construction Branchville 4810 Branchville 19042 Approved - 128 130 +2 Gardens Rd. The Domain 3711 Campus Dr. 09031 Open Open 569 380 -189 The Hub 4210-4220 Knox 19054 Under Aug. 2023 137 94 -43 Rd. Construction Metropolitan 9091 Baltimore 03098-03 Approved - 255 366 +111 Apartments Ave. Monument 9122 Baltimore 06095-01 Open Open 492 335 -157 Ave. The Nine 8700 Baltimore 08010-03 Open Open 359 355 -4 Ave. The Standard 7313 Baltimore 19068 Under Fall 2023 251 248 -3 Ave. Construction Tempo 8430 Baltimore 19025 Open Open 300 300 0 Ave. Union on Knox 4422 Knox Road 19037 Under Aug. 2024 339 248 -91 Construction  ATTACHMENT 2 Permit Parking in Vicinity of Ecograds Permit Parking, shown with purple line, Parking Zone 5, Enforced: Sunday‐Saturday, M‐f 0700‐ 1900; Sa‐Su 0000‐0600, 2 hour limit. Issued free of charge. Permit Parking shown in larger vicinity of Ecograds  3. Request for/Status of Future Agenda Items 013 TO: Mayor, City Council, City Manager and Department Directors FROM: Janeen S. Miller, City Clerk DATE: September 15, 2022 RE: Future Agendas The following items are tentatively placed on future agendas. This list has been prepared by the City Manager and me and represents the current schedule for items that will appear on future agendas. Tuesday, September 27, 2022 Regular Meeting Proclamation: Mayor’s Monarch Pledge Public Hearing and possible adoption of Ordinance 22-O-08 to acquire 5100 Roanoke Place - Suellen Ferguson, City Attorney Report from the Redistricting Commission – Bill Gardiner, Assistant City Manager Proposed Consent: (22-G-125) Approval of a contract amendment with NZI Construction Corporation for construction of the Cherokee Street sidewalk (add amount)- Terry Schum, Director of Planning Motion to authorize additional spending to Vision 33 for Accela support – Bill Gardiner, Assistant City Manager (22-G-126) Consideration of a Pilot Program between the College Park Airport and Tailwind Air to provide commercial flights from the College Park Airport to Manhattan, New York and temporary suspension of the Operating Rules and Regulations of the College Park Airport required to enable operation of the Pilot Program – Patrick Wojahn, Mayor Introduction of an Ordinance (22-O-06) to approve the Comcast Cable Franchise Agreement – Suellen Ferguson, City Attorney 014 9/15/2022 S:\CityClerk\2022\2022 FUTURE AGENDAS\091522FA.doc  Wednesday, October 5, 2022 Worksession Proclamation: Indigenous Peoples’ Day 08-08-22: Discussion of an Agreement between the City and the Community Preservation Trust regarding City funding – Kenneth A Young, City Manager (30) Discussion of a Special Tax District to fund public safety projects in a designated area – Bob Ryan, Kenny Young, Suellen Ferguson, Gary Fields, and Michael Williams (45) Discussion of a new City bicycle-pedestrian committee – Terry Schum and Steve Halpern (15) Follow up discussion on election matters – Janeen S. Miller, City Clerk (45) 2:35 Tuesday, October 11, 2022 Regular Meeting Presentation on the County Emergency Operations Plan and discussion of City emergency planning – Bob Ryan, Director of Public Services and Kenneth Young, City Manager (45) Placeholder: Closed Session after the meeting to discuss the City Manager’s evaluation Tuesday, October 18, 2022 Worksession 08-08-22: Discussion of the dollar limit of expenditures (contracts) that the City Manager is authorized to approve - Kenneth A Young, City Manager (15) 09-12-22: Discussion of parking enforcement and permit parking zones - Kenneth A Young, City Manager (30) 09-12-22: Discussion of quality-of-life issues (noise, unruly social gatherings, open containers, public intoxication and public urination) and of UMD student health and safety - Kenneth A Young, City Manager (30) Placeholder: Possible Closed Session to review applications for advisory board vacancies 015 9/15/2022 S:\CityClerk\2022\2022 FUTURE AGENDAS\091522FA.doc  Tuesday, October 25, 2022 Regular Meeting Quarterly Appointments to fill advisory board vacancies and appoint the Council Grants Subcommittee Tuesday, November 1, 2022 Worksession Discuss possible expansion of the Homeowner’s Property Tax Credit to allow for an ITOC (Income Tax Offset Credit) – Gary Fields and Kenneth Young Discussion of City Events – Ryna Quinones, Communication and Events Manager Tuesday, November 8, 2022 Regular Meeting Proclamations for Municipal Government Works Month (MML Banner City requirement) and Small Business Saturday Tuesday, November 15, 2022 Worksession/Regular Meeting Presentation from the Committee For A Better Environment on a proposal to ban plastic bags – Robert Marsili, Director of Public Works Tuesday, December 6, 2022 Worksession 09-15-22: Discussion of No Mow month with the Bee City USA Committee Tuesday, December 13, 2022 Regular Meeting ANNUAL ITEMS January, early: Discussion of Homestead Tax Credit Rate (currently at 0%) (must certify by March 25 to change rate) January, after an election: Review and adoption of Council Rules and Procedures January: Review annual reports and workplans from advisory boards IFC/PHA Annual meeting with Council (when is best?) 016 9/15/2022 S:\CityClerk\2022\2022 FUTURE AGENDAS\091522FA.doc March: Annual Review/Renewal of Insurance Contracts March: Annual farmers market debrief (is this still needed?) March: Annual Economic Development Report April and September: Comments on the M-NCPPC budget June Worksession: Review of applications for advisory board vacancies June Regular Meeting: Annual appointments to advisory boards Early Fall: Annual presentation from SHA on projects in the City (schedule prior to CTP discussion) Fall: Annual police agency presentation MASTER LIST 2022 Quarterly Financial Presentations: February 8, April 26, August 3; January 24, 2023 2022 Quarterly Appointments to fill advisory board vacancies: January 25, April 26, and October 25. Appointments to all advisory boards occur annually in June (June 21 meeting) for the July 1 term. 2022 Four Cities Meetings: April 28 – Greenbelt; June 28 – Berwyn Heights; October 27 – New Carrollton 10-01-19: Discussion of signing on to the principles of the Maryland Advocates for Sustainable Transportation – request of Mayor Wojahn Discussion of additional roadway connectivity between City neighborhoods - AND – Find options to reduce traffic on our major roadways (include Complete Streets) (40) Terry Schum, Director of Planning; Steve Halpern, City Engineer; Robert Marsili, Director of Public Works Review of proposal for a pilot program for a rebate to homeowners for installation of residential security camera systems - Bob Ryan, Director of Public Services (20) 12-01-20: Discussion on establishment of a Human Relations Commission – Councilmember Mitchell Combined Items: Report on Right-Of-Way at Edgewood Road at intersection with US 1 AND Follow up on the proposed road improvements to Cherry Hill Road at intersection with US 1 to address traffic back-ups – Terry Schum and Steve Halpern 017 9/15/2022 S:\CityClerk\2022\2022 FUTURE AGENDAS\091522FA.doc 01-18-22: Amendments to Chapter 15 of the City Code to change Recreation Board to City Events Advisory Board and make amendments to the field use permitting process – Ryna Quinones, Communications and Events Manager 02-22-22: Redistricting timetable: Anticipated date to receive the report from the City Redistricting Commission is September 27, with Council action expected by November 15. Discussion of an education specialist (consultant?) to assist with education support strategies Discussion of the Council Subcommittee proposal Discussion of having a different property tax rate for vacant and blighted properties 06-07-22: Presentation and Discussion on options for gun violence prevention measures 07-05-22: Affordable Housing Study – Mayor Wojahn 09-13-22: Follow up discussion on options and additional information about Duvall Field 60% Design plans held at September 13 Worksession – Terry Schum, Director of Planning 09-13-22: Follow up discussion on options for protected bike lanes on Rhode Island Avenue – Terry Schum, Director of Planning 018 9/15/2022 S:\CityClerk\2022\2022 FUTURE AGENDAS\091522FA.doc  City of College Park Annual Proclamation List for 2022 (Proclamations Approved 08/10/2021 21-R-15) 2022 Dates January 11 Martin Luther King, Jr. February 8 Black History Month February 8 Women’s Heart Health Month March 8 Women’s History Month April 12 Arbor Day April 26 Children’s Mental Health Week (May 1-7) May 10 Kids To Parks Day (May 21) May 17 Bike To Work Day (May 20) May 24 Chesapeake Bay Awareness Week (June 4-12) May Volunteer Appreciation Month (the date may shift to coincide with the City’s annual appreciation event) June 7 Immigrant Heritage Month June 7 Juneteenth June 7 LGBTQ Pride Month June 21 Pollinator Week (for 3rd full week in June) September 13 Suicide Prevention Month September 13 Hispanic Heritage Month (Sept. 15 through Oct. 15) September 27 Mayor’s Monarch Pledge proclamation (end of September for the 1st Saturday in October) October 5 Indigenous Peoples’ Day October Business of the Year recipient November 8 Municipal Government Works Month (MML Banner City requirement) November 8 Small Business Saturday 019 9/15/2022 S:\CityClerk\2022\2022 FUTURE AGENDAS\091522FA.doc