Mayor & City Council

MINUTES College Park City Council Meeting Tuesday, April 16, 2024 7:30 p.m. – 12:01 a.m. HYBRID In Person in Council Chambers of City Hall Virtual over Zoom PRESENT: Mayor Kabir; Mayor Pro Tem Mitchell; Councilmembers Hernandez, Hew, Esters, Whitney, Mackie, Rigg and Adams. ABSENT: None. ALSO PRESENT: Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Stephanie Anderson, City Attorney; Jatinder Khokhar, Director of Public Services; Steve Halpern, City Engineer; Jacob Vassalotti, GIS Analyst; Michael Williams, Economic Development Manager; Dhruvak Mirani, Student Liaison; Gannon Sprinkle, Deputy Student Liaison. Mayor Kabir opened the meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Hernandez thanked people who attended the clean up on Saturday and the Hollywood Farmers Market. Councilmember Hew discussed the Permaculture Garden clean up event on Saturday. Councilmember Whitney announced the Berwyn District Civic Association meeting on Thursday at Vital Traditions, and the Restorative Justice Commission event this week. Mayor Pro Tem Mitchell discussed the Farmers Market. Councilmember Mackie announced Maryland Day and the Drug Take Back event. Councilmember Adams discussed the National League of Cities 100th anniversary Road Show which came to College Park. College Park City Council April 16, 2024 Page 2 Councilmember Rigg said he received many noise complaints about a very loud event on McKeldin Mall on Saturday night that we knew nothing about and has initiated a conversation with UMD administration. Mr. Mirani said that Student Liaison applications have closed and interviews are going on this week. He added that SGA elections are now underway. Mr. Sprinkle said the Tawes Plaza Farmer’s market has reopened, and the 3rd tenants union meeting is scheduled. CITY MANAGER’S REPORT: Mr. Young announced the 3rd annual community parade on May 4, reviewed the Groundbreaking for the College Park Woods Community Clubhouse, said that April 20 is the Can-Ducky Derby, announced the DPW Clean up events, and said the new City website launched yesterday. AMENDMENTS TO AND APPROVAL OF THE AGENDA: A motion was made by Councilmember Mitchell and seconded by Councilmember Adams to approve the agenda; passed 8-0. COMMENTS FROM THE AUDIENCE ON CONSENT AND NON-AGENDA ITEMS: Mary Cook, resident: Gave some background about the City’s Veterans Memorial and the Veterans Memorial Improvement Committee. Dan Blasberg, resident, Veteran: If you cancel the VMC does that mean you no longer support our veterans? Will there no longer be any events there to remember our veterans? Martin Klapac, resident: The noise on Saturday from campus forced them inside their house, and then outside of the City. Obnoxious noise all day long from the UMD. What is the City going to do about it? CONSENT AGENDA: A motion was made by Councilmember Esters and seconded by Councilmember Hernandez to adopt the Consent Agenda, which consisted of the following items: 24-G-62 Approval of installing a stop sign on Hollywood Road at 48th Place making this intersection an all-way stop. College Park City Council April 16, 2024 Page 3 24-G-63 Approval of installing a stop sign on 51st Avenue at Mineola Road making this intersection an all-way stop. 24-G-64 Approval of a traffic study on Edmonston Road, specifically at Radcliffe Drive, Knoxville Drive, and Bryn Mawr Drive. 24-G-65 Approval of traffic study on Knox Road between Guilford Drive and Baltimore Avenue and on Hartwick Road between Guilford Drive and Baltimore Avenue. 24-G-68 Approval of minutes from the April 9, 2024 Council Meeting. The motion passed 8-0. A motion was made by Councilmember Mitchell and seconded by Councilmember Esters to suspend the rules to switch the order of the two action items. The motion passed 7-1 (Rigg opposed). ACTION ITEMS 24-G-66 Presentation by CPJ of 60% design plans for 52nd Avenue sidewalk and possible action by Council – Beth Forbes and Brandon Freeman, CPJ Ms. Forbes reviewed the PowerPoint and discussed the anticipated timing of the project after tonight’s meeting. Councilmember Hernandez said certain residents have expressed opposition to having a sidewalk in front of their house. Are there any other sidewalk projects that are more important? Mr. Halpern said there are others on our list. Councilmember Hernandez asked if we can complete the design, but not move forward with construction? Mr Halpern said yes, then it would be a shelf-ready project. Councilmember Hew asked if we can do the project in phases, i.e., different blocks/sections. He is in favor of seeing the design completed but not moving forward with the construction until there has been an in depth presentation to the residents about the benefits of complete street designs. College Park City Council April 16, 2024 Page 4 A motion was made by Councilmember Hernandez and seconded by Councilmember Hew to approve continuation of the design phase of the 52nd Avenue Sidewalk Project to 100% design, but then delay construction until the D 1 Councilmembers have provided a presentation to the community. Public Comment: Elena Argueta, resident: This sidewalk is not necessary, would narrow the street, and the funding is being wasted and should go somewhere else. Ron Mitkiff, resident: This is not a good thing. The sidewalks we have are so uneven, or bushes overhang, so its safer to walk on the road. Concerned about narrower roadway. Other locations would be better. Donald Hays, resident: In favor of the sidewalk. That area is also a bus stop and many school kids walk down the street. He has seen conflicts between cars and students. Katherine McDougall, resident: A complete waste of money, completely unnecessary, leave things the way they are. Dimi, resident: A sidewalk changes the look and feel of the neighborhood. Does not want to see the road narrowed. Many of the residents don’t want it. Jen Valle, resident: she does want the sidewalk. There is a need for a sidewalk. The rest of 52nd has one and she doesn’t understand why it shouldn’t continue. It is good for overall walkability. Chad, resident: This is a main thoroughfare for people who walk to metro and it can be dangerous because of fast driving cars down narrow streets. A great amenity and he is in support. Councilmember Rigg asked for clarification about the location and why the location was chosen. Council approved the recommendation of staff and the consultant; it is a walking route to the metro. Full design cost will be $145K and we have already spent $90K; the construction funds can be reallocated. Councilmember Adams asked if the construction is tabled now, can we give a timeline as to when it would come back? Councilmember Hernandez replied, “soonest.” College Park City Council April 16, 2024 Page 5 Councilmember Mackie asked if the sidewalk will go to the curb without any grass strip. Correct. Councilmember Hew asked about existing sidewalk conditions. Mr. Halpern said maintenance will be done this summer. Councilmember Hew wants the chance to give the Complete and Green Streets presentation to our residents to fully understand the rationale. The motion passed 6-0-1 (Rigg abstained; Whitney out of the Chambers.) 24-G-67 Council action on the Needs-Based Student Housing Subsidy Pilot Program Mayor Pro Tem Mitchell reviewed the staff report. Ms. Anderson was asked if she had any legal concerns. Ms. Anderson is reserving her final comment until she sees the final program that is adopted. Regarding the funding: we would encumber the final amount adopted by Council from FY 24 funds and move it into the FY 25 budget which is when it would be spent. [Original] Motion by Councilmember Adams, second by Councilmember Rigg: I move to allocate $225,000 from the 3-cent property tax increase on commercial, industrial, and apartment properties in FY24 to the Needs Based Student Housing Subsidy Pilot Program. The Pilot Program will fund 1) up to 75 grants of $1,500 to Pell Grant eligible students with qualifying off-campus apartment leases and 2) up to 75 grants of $1,500 each to full-time Graduate Students with qualifying off-campus apartment leases and household incomes of 60% AMI or less. Applicants will be chosen by lottery and awards will be issued by City staff once required documentation is confirmed. Councilmember Adams spoke to the history of this agenda item, how the $1,500 dollar amount was determined. Audience: Martin Klapac, resident: opposed. Rhiley Jones resident: support. Lisa Ealley, resident: opposed. Bell Renny (sp?), non-resident: support. College Park City Council April 16, 2024 Page 6 Alexandra DeBus, SGA president, resident: support. Donald Hays, resident: opposed. Jessica Ye, resident: support. Tim Miller, resident: opposed. Amena Talajawak, resident: support. Megan Mulligan, resident: support. Anna McDonald, resident: support. Anjunoe Ohlke, resident: support. Alexandra Kreis, resident: support. Eugene Bang, resident: support. Albus Du (sp?), student: support. Kai Bradner, resident: support. Max Baitman, student: support. Shane Carter, resident: support. Jayden Nji, student: support. Yonah Gross, resident: support. Ishani Tyagi, resident; support. Oscar Gregory, non-resident: oppose. Unknown speaker: support. Akash Balenalli, non-resident, RHA (on campus students) Coordinator of Transportation:. RHA supports. Beth McAllister, resident: opposed. Dan Blasberg, resident: opposed. Richard Biffl, non resident taxpayer: opposed. Karen Needles, resident: opposed. College Park City Council April 16, 2024 Page 7 Brian Roan, resident: opposed. Renata Barsky, resident: opposed. Luke Farren, resident: support. Councilmember Mitchell clarified this was the City’s initiative. The UMD wasn’t asked to be at the table. Councilmember Rigg reviewed the City’s other housing policies: Homestead tax exemption, senior property tax subsidy, federal, state, live and work programs, grants – one notable absence pertains to our student residents. Is it perfect, no. But should we do nothing, no. He is in support of the motion. UMD is aware of this initiative and have had an opportunity to participate. They haven’t built any housing on campus. Have them match this dollar for dollar. [Substitute Motion] Motion by Councilmember Esters, second by Councilmember Mitchell: Motion to table any action on the needs-based student housing subsidy pilot program and create an affordable housing task force, to include key stakeholders, that will: 1. Research and share data regarding the housing needs in the City of College Park 2. Develop a definition of Affordable Housing 3. Outline the parameters of a sustainable program that will be open to all residents who meet specified criteria. 4. Take $150,000 from the 3-cent commercial tax increase from FY 24 to hire a consultant to conduct an affordable housing study for the City of College Park Councilmember Esters said there is a housing need and a bigger problem than a one time pilot program can solve. This is not going to fix the issue. Have the UMD at the table and people who can work through the issue to understand what we can sustain. Public Comment: Anjunoe Ohlke: oppose. Oscar Gregory, non-resident: supports the idea to table the program, but not the study. Mary Cook, resident: supports. Abel Amene, DC resident: oppose. College Park City Council April 16, 2024 Page 8 Tim Miller, resident: opposed. Ty Brad, resident: opposed. Shane Carter, resident: opposed. Yonah Gross, resident: opposed. Alexandra Kreis, resident: opposed. Dan Blasberg, resident: supports. Max Baitman, student: opposed Dhruvak Mirani, Student Liaison: – this was never meant to be a long term solution to affordable housing in CP. Meant to be an immediate benefit to students who are in need now. They have worked hard to engage students in the City. Never seen more engagement as tonight. We can do both the affordable housing study and the pilot program. Karen Needles, resident: Do a protest, news media, governor, make your voices heard. Renata Barsky, resident: supports. Brian Roan, resident: supports. Jessica Ye, resident: opposed. A question to the City Attorney: The motion is to table. Is it debatable? Ms. Anderson said a motion to table is not debatable. She added that the motion maker may opt to split the motion. [Motion to divide the substitute motion] Motion by Councilmember Esters, seconded by Councilmember Rigg to divide her motion, passed 7-0-1 (Adams abstained) Divided motions: 1st motion: Esters/Hernandez: to table any action on the needs-based student housing subsidy pilot program. College Park City Council April 16, 2024 Page 9 Yes – Hernandez, Hew, Esters, Mitchell, No – Whitney, Adams, Rigg Abs – Mackie 1st Motion fails 4-3-1 [5 affirmative votes are required to pass.] 2nd motion: Esters/Mitchell: to create an affordable housing task force, to include key stakeholders, that will: 1. Research and share data regarding the housing needs in the City of College Park 2. Develop a definition of Affordable Housing 3. Outline the parameters of a sustainable program that will be open to all residents who meet specified criteria. 4. Take 150,000 from the 3-cent commercial tax increase from FY 24 to hire a consultant to conduct an affordable housing study for the City of College Park Back to Adams/Rigg Original motion: Motion by Adams/Rigg - I move to allocate $225,000 from the 3-cent property tax increase on commercial, industrial, and apartment properties in FY24 to the Needs Based Student Housing Subsidy Pilot Program. The Pilot Program will fund 1) up to 75 grants of $1,500 to Pell Grant eligible students with qualifying off-campus apartment leases and 2) up to 75 grants of $1,500 each to full-time Graduate Students with qualifying off-campus apartment leases and household incomes of 60% AMI or less. Applicants will be chosen by lottery and awards will be issued by City staff once required documentation is confirmed. [Rigg/Adams, extend the meeting, 10:30, 8-0] [Amendment #1] Motion to amend the Original Motion by Whitney/Mackie: I move to allocate $150,000 from the 3-cent property tax increase on commercial, industrial, and apartment properties in FY24 to the Needs Based Student Housing Subsidy Pilot Program. The Pilot Program will fund 1) up to 60 grants of $1,250 to Pell Grant eligible students with qualifying off-campus rental leases and 2) up to 60 grants of $1,250 to full-time Graduate Students with qualifying off-campus rental leases and household incomes of 60% AMI or less. Applicants will be chosen by lottery and awards will be issued by City staff once required documentation is confirmed. And, to create an affordable housing task force, to include key stakeholders, that will: College Park City Council April 16, 2024 Page 10 1. Research and share data regarding the housing needs in the City of College Park 2. Develop a definition of Affordable Housing 3. Outline the parameters of a sustainable program that will be open to all residents who meet specified criteria. [Motion to Divide] Request to divide the amendment, Adams/Whitney, 8-0 Divided motions, Amendment #1: Motion #1, Whitney/Mackie: I move to allocate $150,000 from the 3-cent property tax increase on commercial, industrial, and apartment properties in FY24 to the Needs Based Student Housing Subsidy Pilot Program. The Pilot Program will fund 1) up to 60 grants of $1,250 to Pell Grant eligible students with qualifying off-campus rental leases (clarification: all types of rental housing) and 2) up to 60 grants of $1,250 to full-time Graduate Students with qualifying off-campus rental leases and household incomes of 60% AMI or less. Applicants will be chosen by lottery and awards will be issued by City staff once required documentation is confirmed. Sprinkle: support. Gregory: opposed. Unknown Speaker: support. Alexandra DeBus, SGA president: support. Unknown speaker: support. Dan Blasberg: opposed. Jessica Ye: support. [11:00, Adams/Rigg, suspend rules to extend meeting, 8-0.] [Hernandez Amendment] Amendment to the amendment - Hernandez/Mitchell: Include non-student residents, number of grants is 40-40-40, adding the category of non-student residents, awardees must have been a resident for at least one year. A resident who is not a student at any academic institution. Anjunoe Ohlke: opposed. Unknown speaker: opposed. Dan Blasberg: opposed. Mirani: opposed. College Park City Council April 16, 2024 Page 11 Jessica Ye: opposed. Richard Biffl: supports. Yes - Hernandez No – Hew, Esters, Whitney, Mitchell, Mackie, Adams, Rigg Hernandez amendment fails 1-7 Whitney Amendment, Divided Motion #1 (clarifications: does include all housing; does not go solely to high priced apartments) Yes – Hew, Whitney, Mackie, Adams, Rigg No – Hernandez, Esters, Mitchell Passed 5-3 Whitney Amendment, Divided Motion #2 Whitney/Adams To create an affordable housing task force, to include key stakeholders, that will: 1. Research and share data regarding the housing needs in the City of College Park 2. Develop a definition of Affordable Housing 3. Outline the parameters of a sustainable program that will be open to all residents who meet specified criteria. Dan Blasberg: support The motion passed 8-0. Underlying motion, as amended by the Whitney amendment: Passed 5-3 (Hernandez, Esters and Mitchell opposed) [Rigg/Adams - suspend the rules to extend the meeting, and to put the advisory board item next, passed 7-1] DISCUSSION ITEMS A. Discussion of Council advisory boards prior to opening recruitment – Janeen S Miller, City Clerk Ms. Miller asked for Council direction on the future of the three committees that have been under discussion. Veterans Memorial Committee – keep. (Audience members spoke in support.) College Park City Council April 16, 2024 Page 12 Animal Welfare Committee – revisit it at a later time; get detail about volunteers, foster programs, and adoption programs during the past year. MLK Tribute Committee – have the CEAB plan the annual tribute; bring back a resolution to dissolve the Committee. B. Consider amendments to the City Code that would prohibit certain yard furniture and provide for fines for non-compliance Mr. Khokhar reviewed the staff report and recommended changes to the City Code. Councilmember Rigg outlined concerns he has heard from residents and added that public input will be sought. 1. Use and storage of beer pong tables in the front yard. 2. Corn hall boards, ladder ball, other yard games stored in the front yard. 3. Currently allowed in our code: indoor furniture that is used outdoors only when used on a covered porch – are there public health concerns the way it is written now? Council discussion: what about slides, BB hoops, picnic tables, in the front yard? If the indoor furniture is allowed on the back porch it should be the same on the front porch. Tutorial on beer pong. Sounds like we are getting into aesthetics. Concern about overreach. Can I still play beer pong in the front yard, as long as I don’t leave the table there? Suggestion: “Any table used for drinking games” Bring language back for discussion. C. Legislative Review - Bill Gardiner, Assistant City Manager Delay this item. Lobbyist Mr. Lucchi will be here next week. [12 midnight, Adams/Hew, to extend the meeting.] REQUESTS FOR / STATUS OF FUTURE AGENDA ITEMS Add a new proclamation in May for AAPI Heritage month, Hew/Adams, passed 8-0. ADJOURN: A motion was made by Councilmember Hernandez, seconded by Councilmember Adams. Motion passed, meeting adjourned at 12:01 a.m. Respectfully submitted, Janeen S. Miller, City Clerk.