Mayor & City Council

MINUTES College Park City Council Meeting Tuesday, July 9, 2024 7:30 p.m. – 11:35 p.m. HYBRID In Person in Council Chambers of City Hall Virtual over Zoom PRESENT: Mayor Kabir; Mayor Pro Tem Mitchell (virtual); Councilmembers Hernandez (virtual), Hew, Esters, Whitney, Mackie, Adams (virtual; left early) and Rigg. ABSENT: None ALSO PRESENT: Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Yvette Allen, Assistant City Clerk; Stephanie Anderson, City Attorney; Miriam Bader, Director of Planning; Jatinder Khokhar, Director of Public Services; Gary Fields, Director of Finance; Rakhmel Rafi, Grants Coordinator; Todd Brown, Contracts and Procurement; Deputy Student Liaison John Fahmy (virtual). Mayor Kabir opened the meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Hernandez discussed last month’s MML conference. Councilmember Hew attended an event in Brentwood/North Brentwood and a regional public safety event in DC. Councilmember Esters reminded people about free parking in the downtown garage after 5 on weekdays and on Saturdays during the summer. She reminded people about the County’s cooling stations. She added the next Lakeland Civic Association meeting will be August 8. Mayor Pro Tem Mitchell remarked on a loss in her community, said the West College Park Neighborhood Watch will hold their ice cream social on Saturday, and cautioned people about the extreme heat. College Park City Council July 9, 2024 Page 2 Councilmember Mackie reminded residents about food scrap composting and Good Neighbor Day. Councilmember Rigg remarked on UMD Vice President Carlo Colella’s upcoming retirement which was just announced. CITY MANAGER’S REPORT: Mr. Young announced that the City had received a grant award in the amount of $150,000 from the Maryland Department of Housing and Community Development Project Restore 2.0 Program. The award will assist the City with improving and activating vacant buildings in our commercial corridors. He also announced this week’s Friday Night Live Event. AMENDMENTS TO AND APPROVAL OF THE AGENDA: Councilmember Whitney requested to move agenda item 24-G-105, Approval of FY 24 Community Services Grants, to the Action portion of the agenda. Motion by Councilmember Rigg, second by Councilmember Esters, to approve the agenda as amended. The motion passed 8-0. COMMENTS FROM THE AUDIENCE ON CONSENT AND NON-AGENDA ITEMS: Melissa Ann Ehrenreich, Greenbelt resident: Spoke in opposition to the County’s action to remove career fire fighters from four nearby fire stations. She wanted to let the public know she is circulating a citizen’s change.org petition. James Woodhouse, resident: spoke about the fire department situation, thinks its unbelievable that they are doing this. Mayor Kabir reported on his meeting with Chief Green last week. PRESENTATION: Carlo Colella, University of Maryland Vice President for Administration and Finance, gave a presentation on the upcoming renovation of the Central Energy Plant facility. The current energy plant is past its useful life. The NextGen project is their path toward a sustainable energy future and assures they will have an efficient and affordable energy plan that aligns with state and UMD sustainability goals. The project will begin with demolition of the South Plant in July, followed by construction of a temporary boiler plant, then construction of the new energy plant with completion expected in 2027. The new plant will exist in the footprint of the old plant. College Park City Council July 9, 2024 Page 3 CONSENT AGENDA: A motion was made by Councilmember Hernandez and seconded by Councilmember Mackie to adopt the Consent Agenda, which consisted of the following: 24-R-06 Adoption of Resolution 24-R-06, a Resolution of the Mayor and Council adopting the recommendation of the Advisory Planning Commission regarding Variance Number CPV-2024-01, located at 5007 Edgewood Road, College Park, Maryland, Recommending Approval of One Validation and One Variance: A Validation from Section 27-11002 (a) of the Prince George’s County Zoning Ordinance to validate an existing 15-foot by 32- foot driveway that has a total encroachment of 480 square feet, and a 7- Foot Variance from Prince George’s County Zoning Ordinance Section 27- 11002 (a), to widen that driveway by 7-feet for a total encroachment of 704 square feet. 24-G-93 Approval of a 3rd Amendment to the January 1, 2021 Consultant Agreement with KCI Technologies in the amount of $383,955.29 to include On-Site Construction Management of the Duvall Field renovation project. 24-G-98 Approval of an amendment to the November 1, 2023 contract with Total Engineering Services, LLC of Beltsville, Maryland in the amount of $33,770.00 for third party inspection services for the Duvall Field renovation project. 24-G-104 Approval of an amendment to the current Hitachi security camera maintenance contract in the amount of $43,000 to add 15 existing cameras that are coming off of warranty to the maintenance contract – Jatinder Khokhar, Director of Public Services 24-G-89 Approval of an amendment to Contract CP-24-01 Miscellaneous Concrete Maintenance and Asphalt Resurfacing Contract with NZI Construction Corporation in the amount of $500,825.64 for the Construction of the Hollywood Road Sidewalk – Miriam Bader, Director of Planning 24-G-106 Approval of minutes from the June 11, 2024 and June 27, 2024 Council meetings. 24-G-102 Approval of the reappointments of Robert Catlin and Theresa Keeler to the College Park Housing Authority for 5-year terms beginning on May 1, 2024 The motion passed 8-0 College Park City Council July 9, 2024 Page 4 ACTION ITEMS: 24-G-107 Discussion and possible action on Preliminary Plan of Subdivision 4- 23035 for 9621 Autoville Drive for a 10-unit multi-family housing development (5 buildings with 2 units per building) Ms. Bader gave an overview. Whether this comes back to Council for DSP is dependent on whether the project is coming in under the old or new zoning ordinance. Under the old zoning ordinance, it would require DSP, but not under the new ordinance. Disclosures per Council Rules: Mayor Kabir and Councilmembers Hew, Mitchell, Hernandez and Mackie attended community meetings and/or met with the applicant. Councilmember Hernandez asked when construction would occur. Councilmember Mackie asked about the fee in lieu of mandatory dedication of parkland requirement, about whether they have to pay the school surcharge, about a traffic signal at Autoville Drive/Cherry Hill Road. Mayor Pro Tem Mitchell is concerned about the intersection of Autoville Drive/Cherry Hill - wants something in the covenants. Can we recommend 8 instead of 10 units? Has the Chinese Bible Church been notified? Councilmember Hew asked about the stormwater runoff. Councilmember Rigg asked about parking. All parking will be accommodated on site. He asked about occupancy limits in this zone. The “5 or fewer unrelated residents” applies. Attorney for the applicant, Edward Gibbs: Donan Enterprises is Ms. Josiane Alagbe. They have interacted with the Chinese Bible Church re right-of-way and stormwater issues; one of their community meetings was there. Re traffic study, the requirement for a full traffic analysis occurs with 50 or more trips, but they are so far below that, a full traffic impact analysis was not required. They are responsible for paying the school facilities surcharge. The fee in lieu is common on a property this small and is formula- based. They have had several community meetings. He said the owner is willing to do a covenant that she won’t rent to anyone requiring a co-signer. She is willing to designate two of the units as affordable housing units, but they would need to work with the City for help with that. They are uncertain about 8 v. 10 units; the owner is willing to work with the community. This project fits in the Central US 1 Corridor Sector College Park City Council July 9, 2024 Page 5 Plan for infill development. There will be less stormwater runoff after the development than there is now. Councilmember Hernandez asked about the plan to manage the property after it is built. She will hire a property manager. He reiterated resident concern about increased traffic and loss of green space. Councilmember Esters asked about the size of units. Either 2 or 3 bedrooms. She expressed concern about the number of residents and cars. The traffic engineer clarified that the traffic study is based on the number of units, not the number of people living in the units. Councilmember Mackie asked for language in the conditions that two of the units will be “affordable.” Ms. Bader said that would be placed in the covenants, not the conditions. Mr. Gibbs said if the development has 8 units there would be no formal DSP, but the applicant will still commit to work with the City. He said that 2 of the 8 units will be affordable housing. [Council took a 10-minute recess while the motion was being crafted.] A motion was made by Councilmember Hew and seconded by Councilmember Hernandez that the City Council support Preliminary Plan of Subdivision 4-23035 for 9621 Autoville Drive with the following conditions: 1. Density shall not exceed 8 dwelling units. 2. 2 units shall be designated affordable to be defined in consultation with City staff. 3. At least 1 unit shall be handicap accessible. 4. Place protection on creek to prevent dumping. 5. Prior to obtaining a tree removal permit to remove any trees, the applicant shall submit a tree replacement plan that details how the project will comply with the City’s tree ordinance. The applicant shall make all reasonable efforts to preserve as many specimen trees as possible or relocate some to another location on the property. In addition, a tree protection plan shall be submitted to the City Arborist to ensure protection of specimen trees 1 and 2. 6. Prior to obtaining a City building permit, the applicant shall use permeable pavement for any uncovered paved parking areas, if acceptable to DPIE. College Park City Council July 9, 2024 Page 6 7. Prior to obtaining a building permit, the applicant shall execute a Declaration of Covenants and Agreement that shall include the following provisions at a minimum: a. Bringing the site plan back to the City Council to review. b. Compliance with the City’s tree ordinance. c. Provide permeable pavement requirements for uncovered paved parking areas. Comments from the Audience: James Woodhouse, resident: It will never be the same again. We have to live there and look at it; this is probably the beginning of the end of that neighborhood. Zoning was changed without him knowing about it. Suzanne Johnson, resident: We are not happy with having the apartment complex there. It’s been a nice quiet neighborhood. Concerned about the turnovers and people coming and going. Mary Cook, resident: was told they were going to use the old zoning. Heard there is a central US 1 study being done. Council does not have to approve this tonight. There is no way to say how much water is going to run off. Nancy Woodhouse, resident: Autoville Drive is beautiful and they are concerned about traffic. There are times they can’t get out onto Cherry Hill and this will make it worse. We hate to lose any trees. You wouldn’t want this in your neighborhood. A single- family home would be great. Robert Woodhouse, resident: Understands it is allowed under the zoning law but that doesn’t mean you should do it. We don’t need apartments. Build another house instead. Traffic will be worse. Vote against this. Daniel Rubio, resident: Supports the project. The affordability aspect means a lot to him. Councilmember Hernandez is surprised at the amount of scrutiny we are giving such a small development and is pleased with the applicant’s willingness to work with the community. [10:30 p.m., Hew/Mackie, motion to extend, passed 8-0.] Councilmember Mackie hates to see the change but is a realist. Thinks the zoning is wrong. College Park City Council July 9, 2024 Page 7 Councilmember Whitney recounted her experiences growing up in an apartment. Councilmember Esters recounted her experiences growing up in an apartment and is pleased the owner is willing to make adjustments, work with residents, and is open to affordable housing. Councilmember Mitchell will vote no because it will change the character of the community. This is not like other areas in the City. Councilmember Rigg feels this is the type of development we should be embracing. Zoning permits much higher density than the applicant is requesting, and the applicant is proffering a lot. A no vote could result in a worse outcome because we would lose leverage with the applicant. Councilmember Hew said the applicant has compromised a lot and voting no would negate those efforts. Mayor Kabir asked the applicant to keep in touch with the community about their concerns. The motion passed 7-1 (Mitchell opposed). 24-G-105 Approval of FY 24 Community Services Grants, totaling $13,350, for Lakeland Civic Association-$1,000; Embry Center for Family Life- $2,500; Impact Humanity-$2,500; Cub Scout Pack 740-$2,500; Boy Scouts of America Pack 740-$2,500; and Calvert Hills Citizens Association-$2350. Mr. Fields explained the change to this agenda item: the Lakeland Civic Association request has dropped to $1,000 from $2,000 because they are not hosting a National Night Out event. The other grant amounts are staying the same. A motion was made by Councilmember Whitney and seconded by Councilmember Esters to approve the FY 24 Community Services Grants, totaling $13,350, for Lakeland Civic Association-$1,000; Embry Center for Family Life-$2,500; Impact Humanity-$2,500; Cub Scout Pack 740-$2,500; Boy Scouts of America Pack 740- $2,500; and Calvert Hills Citizens Association-$2350. College Park City Council July 9, 2024 Page 8 The motion passed 8-0. 24-G-108 Discussion and direction on National Night Out (neighborhood v. central event) Mr. Khokhar reviewed the staff report. Council discussed the various options. Mr. Young said the City would organize and support the event; it would not fall on the neighborhood group to put it together. The public service agencies have trouble attending so many events. Staff is recommending one event per year that rotates throughout the City, with Duvall Field being the location for this August. A motion was made by Councilmember Esters and seconded by Councilmember Mackie to direct staff to plan and organize a single National Night Out event each year, at rotating locations throughout the City, beginning in August at Duvall Field. The motion passed 7-0 (Councilmember Adams absent). [11:08, Whitney/Hew, motion to suspend the rules to extend the meeting, passed 7-0.] DISCUSSION ITEMS: A. Discussion on proposed staggered four-year terms for Mayor and Council Councilmember Rigg opened the discussion and recounted the history. Straw poll: Do you want to flesh this out further, yes or no? Hew - Yes Hernandez - No Esters – No Whitney - No Mitchell – No Mackie -No Adams – No Rigg – Yes Result: Yes = 2; No = 6. Result: Do not pursue. B. Discussion on expanding voting in City elections to residents ages 16–18 Councilmember Rigg opened the discussion and explained rationale for pursuing this idea. Straw poll – Do you want to flesh this out further, yes or no? Hernandez - Yes College Park City Council July 9, 2024 Page 9 Hew - No Esters - Yes Whitney - Yes Mitchell - No Mackie - No Adams - Yes Rigg - Yes Result: Yes = 5; No = 3. Bring back for a future Worksession. COUNCIL AND STAFF COMMENTS: Mayor Kabir read a statement regarding a recent hate incident: “We are One College Park, a welcoming and inclusive community for all, regardless of race, ethnic origin, religion, orientation, age, or gender. We will continue to ensure that our community is a safe place for all who reside and visit. Hatred has no place in College Park.” Mr. Young added if residents find a posting or flier that is hateful, please do not touch it, leave it where it is, and call the police. Don’t take them down; take a picture. ADJOURN: A motion was made by Councilmember Hew and seconded by Councilmember Rigg to adjourn the meeting, and with a vote of 7-0, the meeting was adjourned at 11:35 p.m. Respectfully submitted by Janeen S. Miller, City Clerk Closed Session June 27, 2024 On June 27, 2024, an Emergency Meeting of the College Park Mayor and Council was held over Zoom for the purpose of entering into a Closed Session. The public meeting was advertised and posted on the City calendar. Mayor Kabir opened the public meeting at 7:02 p.m. and explained the purpose of the Emergency Meeting was to enter into a Closed Session. A motion was made by Councilmember Mitchell and seconded by Councilmember Esters to enter into a Closed Session. Mayor Kabir read the Closing Statement: Pursuant to the statutory authority of Maryland Annotated Code, General Provisions Article, §3-305, the Mayor and Council will meet in a Closed Session to consult with College Park City Council July 9, 2024 Page 10 Counsel to obtain legal advice and to consult with staff, consultants, or other individuals about pending or potential litigation. The Mayor and Council will not return to open session after the closed session ends. The motion passed 5-0. The Closed Session was also held over Zoom. Present were Mayor Kabir; Mayor Pro Tem Mitchell; and Councilmembers Hew, Esters, Whitney, and Mackie. Councilmembers Adams, Hernandez and Rigg were absent. Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Stephanie Anderson, City Attorney; and Suellen Ferguson, Attorney, were also invited to attend. Mayor Kabir was the Open Meetings trainee. The Mayor and Council received legal advice about a proposed legal action. The Council discussed their options. No action was taken. At 7:35 p.m., a motion was made by Councilmember Mitchell and seconded by Councilmember Esters to adjourn the meeting. The motion passed 5-0.