Mayor & City Council

MINUTES College Park City Council Meeting Tuesday, July 16, 2024 7:30 p.m. – 10:39 p.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, Adams and Rigg. Councilmember Adams left at 10:05 p.m. ABSENT: None. ALSO PRESENT: Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Stephanie Anderson, City Attorney; Nate Forman, City Attorney; Kiaisha Barber, Director of Youth, Family and Senior Services; Student Liaison Erica Otte. Mayor Kabir opened the meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Hernandez announced National Night Out at Duvall Field on August 7; Hollywood Neighborhood Park Game Night; invitation to apply to Monarch Pre School. Councilmember Esters reminded people to come to the Hollywood Farmers Market on Saturdays. Councilmember Whitney said PGPD District 1 is hosting a movie night on Friday at the District 1 Station in Hyattsville. Mayor Pro Tem Mitchell commented on the West College Park Neighborhood Watch ice cream social; PGCPS has a recruitment event on July 24; Maryland Student Loan relief tax credit. Councilmember Mackie acknowledged the College Park Seniors Committee, reminded people about the Seniors Tax Credit and about Good Neighbor Day. College Park City Council July 16, 2024 Page 2 Councilmember Adams thanked Code Enforcement and Parking for their help with issues in District 3. CITY MANAGER’S REPORT: Mr. Young said the Needs Based Student Rental Housing Subsidy Fund is now accepting applications. PROCLAMATIONS: Mayor Kabir read the Proclamation in Recognition of Janeen S. Miller, the City Clerk who is retiring on August 1. Ms. Miller made remarks. AMENDMENTS TO AND APPROVAL OF THE AGENDA: The agenda was approved without amendment, Hew/Adams, passed 8-0. PUBLIC COMMENT None. PRESENTATION: The College Park Senior Advisory Committee’s Age Friendly Workgroup gave a presentation on the progress of the City’s AARP 5-year action plan. Robert Thurston gave the presentation. The goal is for College Park to become an AARP Certified Age Friendly City. College Park’s current AARP Livability Index is 54. For future discussion/policy consideration – Accessory Dwelling Units, accessible transportation, housing for seniors who want to downsize, ways to combat isolation among seniors. The Committee urged the City to recruit the dedicated project liaison. CONSENT AGENDA: A motion was made by Councilmember Esters and seconded by Councilmember Rigg to adopt the Consent Agenda, which consisted of the following: 24-G-78 Approval of the annual renewal of the Accela software licensing contract for use by Public Services, Planning and Engineering staff, in the amount of $62,230.37 for the period July 26, 2024, through July 25, 2025 24-R-07 Adoption of a Resolution to establish the policy/procedure to handle small cell wireless applications 24-G-109 Appointment of Attick Towers resident Mr. Albert Melvin as the resident commissioner to the College Park Housing Authority for a term to end May 1, 2026 The motion passed 8-0. College Park City Council July 16, 2024 Page 3 ACTION ITEMS: 24-O-03 Introduction of Ordinance 24-O-03 with proposed changes to the City’s Noise Code, Chapter 138 Mr. Forman said these amendments have been recommended by the City’s Noise Control Board and were discussed with Council at the Worksession in March. The Noise Chapter (Chapter 138) has been reorganized to separate the acts that are exempt from the ordinance from the acts that are prohibited by the ordinance. Other major changes concern disclosures that are made by tenants/occupants to City staff during an investigation. A citation can be issued to a tenant/owner if they fail to provide identification when requested. A citation can be issued to an individual who knowingly/fraudulently identifies themselves as an owner or occupant during an investigation. If the owner or agent advises the tenant/occupant to provide false identification to the City during an investigation, the Public Services Director can request a show cause hearing before the Advisory Planning Commission to revoke the rental occupancy permit. A Noise Control Board hearing can be called if the City receives either two written complaints, or one individual attesting by affidavit. Councilmember Whitney asked for clarification about the possible fines. Council can consider changes to the fine structure after the public hearing prior to adoption. A motion was made by Councilmember Rigg and seconded by Councilmember Mackie to introduce Ordinance 24-O-03, with proposed amendments to Chapter 138, Noise and Chapter 110, Fees and Penalties. Mayor Kabir announced the Public Hearing will be held on Wednesday, August 7, 2024 at 7:30 p.m. in the Council Chambers of City Hall. After the Public Hearing, the Council may adopt the Ordinance, with or without amendment, or may delay adoption for further discussion. DISCUSSION ITEMS: A. Request by the College Park Airport Authority to send a letter to the City’s federal representatives requesting they contact TSA to allow an increase in on- demand operations at the airport – Dave Dorsch, Chair, College Park Airport Authority. Mr. Dorsch reviewed the staff report and conveyed the request to Council. The Airport Authority is asking Council to send a letter to the FAA/TSA to lift certain restrictions at the College Park Airport to allow more aircraft (both airplanes and helicopters) to come  College Park City Council July 16, 2024 Page 4 in to the airport. The flight path of the airplanes would stay the same. He doesn’t know how much more traffic it would be. Discussion/Questions: Has the Airport Authority reached out to the communities/civic associations that would be impacted? We need to get direct feedback from our residents. Was the vote to put this in front of Council unanimous by the Airport Authority? No, it was 6-1. Request for statistics pre- 9-11 compared to now – how many flights in/out of the airport before the 9-11 restrictions? Concerns about leaded fuel being used at the airport and adding more traffic would increase lead exposure to people in the surrounding areas. Is there a way to regulate the number of flights? 2 or 3 might be OK, but not 20-30. Question about commuter flights – are they commercial or private commercial flights? Do those aircraft also use leaded fuel? What are the specific provisions they want to have lifted? What exactly are the financial benefits, if we were to allow this? Is there any data that says there is a demand for commercial flights? Is there any data regarding the environmental impact? Provide the current airport operating rules to the Council. Request for national data about schools that are close to small airports. Address the safety concerns. B. Follow up discussion on draft language to amend the City Code (Chapters 125, 141 and 110) to prohibit the storage of certain types of furniture in the front yard. Ms. Anderson said this draft language is provided as a follow-up to concerns raised at the April 16 meeting. She said in drafting the ordinance you can take a very specific approach and list individual items, or a broad approach which could sweep in items that were unintended. She described the terms that may need to be defined. Councilmember Rigg: 1. Take a narrow approach to eliminate beer pong tables being used in the front yard. Focus on the elimination – can’t have tables used for drinking games in the front yard. Eliminate any discussion about “storage” of the table. 2. Address upholstered indoor furniture being used outdoors. Councilmember Adams: 1. Regarding when to return the toter after trash is collected: 7:30 p.m. on day of collection is too restrictive. Use 7:30 a.m. the day following the collection. 2. Regarding the 5 days to correct violation is too long. Make that 48 hours. 3. Violation should be issued to the property owner. If the property owner wants to charge the tenant that’s up to them.  College Park City Council July 16, 2024 Page 5 4. Furniture – how are we defining what “store” means? Change the term “items” to “a table or other surface used for drinking games.” Councilmember Hew: 1. Doesn’t want to see a trampoline or bounce house in the front yard all the time. OK for parties, then store in the back. Does the County have rules on trampolines? Councilmember Hernandez thinks this is an overreach. Are we trying to regulate behavior? Should we wait until the students are back to get their input? Councilmember Esters: 1. How often do we issue violations for toters being left out? 2. How are we defining drinking games? What about people sitting around a table who happen to be drinking and playing cards? Could they be unintentionally caught under this language? Councilmember Whitney: 1. Should we overtly define “drinking games.” 2. No Indoor furniture being used outdoors that’s uncovered. Return to a future Worksession to review the language before introduction. [Councilmember Adams left.] C. Parameters/Guidelines for the City’s Emergency Assistance Fund. Ms. Barber reviewed the staff report. Discussion and consensus:  One application per household annually.  Should not be open to elected officials or their households.  All income in the household should be disclosed and subject to review.  Are they getting other aid from a church or other organization?  Agree with two tranches. OK rolling over funds that are unspent from the first half of the year to the second half of the year.  If someone has misstated their situation and received funds, do we have any recourse? Get input from the City Attorney. No further eligibility. D. Agenda items for July 24 Four Cities Meeting in Berwyn Heights: Fire Department staffing, tax differential, Animal Shelter. For SHA Engineer: Pedestrian crossing signal at the Trolley Trail at Campus Drive; signals for U turns on US 1 like they have at Ocean City; signal timing all along US 1; timing of light on US 1 at Cherry Hill intersection. College Park City Council July 16, 2024 Page 6 [10:30 p.m., Hernandez/Mitchell, to extend the meeting, passed 7-0.] FUTURE AGENDA ITEMS: Hernandez/Rigg: Bilingual Bridge Building - take steps necessary to institutionalize Spanish accessibility, passed 7-0. Mayor Pro Tem Mitchell asked the status of getting a presentation from the County on ADUs and middle missing housing. Follow up with Planning. COUNCIL AND STAFF COMMENTS: Mr. Young noted the Information report in the packet on Code Enforcement assignment changes. ADJOURN: A motion was made by Councilmember Whitney, seconded by Councilmember Hernandez, to adjourn the regular meeting and 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 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 7-0 and the regular meeting was adjourned at 10:39 p.m. Respectfully submitted by Janeen S. Miller, City Clerk Closed Session July 16, 2024 At 10:39 p.m. on July 16, 2024, at the conclusion of the regular Council meeting, a motion was made by Councilmember Whitney, seconded by Councilmember Hernandez, 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 counsel to obtain legal advice and to consult with staff, consultants, College Park City Council July 16, 2024 Page 7 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 7-0. After a brief recess, the Closed Session began at 10:49 p.m. in the Council Chambers of City Hall. Present were Mayor Kabir; Mayor Pro Tem Mitchell; and Councilmembers Hernandez, Hew, Esters, Whitney, Mackie and Rigg. Councilmember Adams was absent. Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Stephanie Anderson, City Attorney; and Attorney Suellen Ferguson were also invited to attend. Mayor Kabir was the Open Meetings trainee. The Mayor and Council received legal advice about a pending legal action. The Council discussed their options. No action was taken. At 11:29 p.m., a motion was made by Councilmember Hew and seconded by Councilmember Whitney to adjourn the Closed Session. The motion passed 7-0.