Mayor & City Council

MINUTES College Park City Council Meeting Wednesday, August 7, 2024 7:30 p.m. – 10:56 p.m. HYBRID In Person in Council Chambers of City Hall Virtual over Zoom PRESENT: Mayor Kabir; Mayor Pro Tem Mitchell; Councilmembers Hernandez, Hew, Brown Esters, Whitney, Mackie, and Adams ABSENT: Councilmember Rigg ALSO PRESENT: Kenneth Young, City Manager; Bill Gardiner, Assistant City Manager; Yvette Allen, City Clerk; Stephanie Anderson, City Attorney and Student Liaison Erica Otte (Zoom) Mayor Kabir opened the meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Hernandez thanked residents, staff, local police and fire departments for attendance of National Night Out at Duvall Field on August 7; announced sidewalk discussion on August 8 in Davis Hall. Councilmember Hew thanked everyone for their participation in National Night Out on August 7. Councilmember Brown Esters thanked Berwyn Civic Association for planning and participating in the National Night Out. Councilmember Whitney announced the Lakeland Civic Association meeting scheduled for August 8 at 7 PM Councilmember Mackie reminded residents that their Good Neighbor Day project proposals are due by August 13. College Park City Council August 7, 2024 Page 2 CITY MANAGER’S REPORT: Mr. Young explained that the City is monitoring the weather conditions for Friday Night Live. He also announced that a notice is forthcoming on where to pick up sandbags if any resident wants to prepare for the storm. Councilmember Mackie asked if a hurricane were to occur are there any plans for residents who need their medications refrigerated, Mr. Young stated that the County’s Health Department has designated facilities and locations that residents can call for assistance in those cases. Student Liaison, Erica Otte recognized the former Terp and Olympic Gold medalist, Thea LaFond. PROCLAMATIONS: None. AMENDMENTS TO AND APPROVAL OF THE AGENDA: Councilmember Adams requested item 24-G-112 be removed from the consent agenda and changed to an action item for discussion. The amended agenda was approved, Whitney/Mitchell, passed 7-0. PUBLIC COMMENT None. PRESENTATION: 2024 Quarterly Financial Presentation – Gary Fields, Director of Finance: Mr. Fields presented the quarterly report and responded to questions regarding admission and amusement tax and surplus funds. CONSENT AGENDA: A motion was made by Councilmember Adams and seconded by Councilmember Hernandez to adopt the Consent Agenda, which consisted of the following: 24-G-110 Approval of a request for a Driveway Apron Variance for a Doublewide Concrete Curb-Cut and Driveway Apron at 4910 Iroquois Street contingent upon owner entering into a Declaration of Covenants, in substantially the form attached College Park City Council August 7, 2024 Page 3 24-G-111 Approval of a request for a Driveway Apron Variance for a Doublewide Concrete Curb-Cut and Driveway Apron at 5007 Edgewood Road contingent upon owner entering into a Declaration of Covenants, in substantially the form attached 24-G-113 Approval of a letter of support to the University of Maryland's Department of Civil and Environmental Engineering for their Safe Streets and Roads for All Planning Grant Application to the Department of Transportation to improve micromobility safety in College Park through data collection, risk analysis and community engagement 24-G-114 Approval of a joint application with the University of Maryland’s Center for Advanced Transportation Technology Lab for the Strengthening Mobility and Revolutionizing Transportation "SMART" grant to leverage $1.2 million in grant funds to deploy pedestrian and cyclist data collection infrastructure 24-G-115 Approval of the minutes July 9, 2024 and July 16, 2024 Mayor and Council meetings. The motion passed 7-0. PUBLIC HEARING AND POSSIBLE ACTION ON ORDINANCE 24-O-03: An Ordinance to amend Chapter 138 “Noise”, §§138-5, “Prohibited Acts and Exemptions”, 138-6, “Violations and Penalties”, 138-7, “Notice”, 138-8, “Proceedings of Noise Control Board”, 138-9 “Imposition of a Fine by Noise Control Board”, and 138-10 “Copies of Provisions to be provided”; and to amend Chapter 110, “Fees and Penalties” by Amending § 110-2 “Penalties”; to reorganize the Noise Ordinance, to Impose Certain Mandatory Disclosures During Noise Disturbance Investigations and Impose Penalties for Violations, Prohibit False Identification of Owner or Tenant During a Noise Disturbance Investigation and Impose Penalties for Violations, to Authorize Revocation of Use and Occupancy Permits Based Upon Multiple Instances of Noise Disturbances, and to make other clarifying and conforming changes. Director Khokhar reviewed the staff report. Mayor Kabir opened the Public Hearing. Public Comment: Philip Aronson, District 1 resident: Lives near a serial noise violator, loud noise begins early afternoon and goes into early morning. By the time enforcement officers come by College Park City Council August 7, 2024 Page 4 the noise has stopped. Has attempted to have other neighbors join in on his complaints, without success, he feels the code should be amended and no longer require a two-party complaint. Public Hearing was closed. Director Khokhar acknowledged that the residents’ concerns will be addressed with the amendments if approved. If approved tonight the ordinance will be effective in 21 days. Motion by Councilmember Adams and seconded by Councilmember Brown Esters to adopt Ordinance 24-O-03 to amend Chapter 138 “Noise”, §§138-5, “Prohibited Acts and Exemptions”, 138-6, “Violations and Penalties”, 138-7, “Notice”, 138-8, “Proceedings of Noise Control Board”, 138-9 “Imposition of a Fine by Noise Control Board”, and 138-10 “Copies of Provisions to be Provided”; and to amend Chapter 110, “Fees and Penalties” by amending § 110-2 “Penalties”; to reorganize the noise ordinance, to impose certain mandatory disclosures during noise disturbance investigations and impose penalties for violations, prohibit false identification of owner or tenant during a noise disturbance investigation and impose penalties for violations, to authorize revocation of use and occupancy permits based upon multiple instances of noise disturbances, and to make other clarifying and conforming changes. Councilmember Adams is glad that these amendments have been brought up and that these changes will address our residents’ concerns. Councilmember Makie acknowledges receipt of support from Mrs. Bellamy a District 4 resident who serves on the Noise Board. Councilmember Hew questioned the idea of only requiring one person to file a complaint. Mr. Khokhar clarified that only one resident can request a hearing through an affidavit process. Councilmember Hew stated concerns regarding complainants who are habitually bothered. Councilmember Hernandez would like to remind everyone of why the ordinance was brought up, however, he does see Councilmember Hew’s concerns. The motion passed 6-0, Councilmember Whitney stepped out prior to vote. College Park City Council August 7, 2024 Page 5 A motion was made by Councilmember Adams and seconded by Mayor Pro Tem Mitchell to suspend the rules and amend the agenda to place 24-G-112 at the beginning of the action items. The motion passed 7-0. ACTION ITEMS: 24-G-112 Removed from Consent: Approval of installation of safety measures on Knox Road between Guilford Drive and Baltimore Avenue and on Hartwick Road between Knox Road and Baltimore Avenue Mr. Vassalotti, GIS Coordinator, reviewed the staff report. Mayor Kabir referenced the proposed improvement map on page 59 of the packet. Councilmember Adams asked Mr. Vassalotti to look into installing some type of crosswalk between Hartwick Rd and the Aster Development for pedestrian traffic and requested a follow-up as this is an immediate safety concern. Councilmember Brown-Esters was thanked staff for making changes and showing partnership with students and residents. Councilmember Mackie suggested considering flashing lights for students and residents that walk at night on these intersections/crosswalks. Councilmember Whitney suggested the installation of motion sensitive lights for those crosswalks at night. Student Liaison Otte stated that these crosswalks greatly affect the student residents and the lighting precautions and protected bike lanes are necessary. Public Comment: Akosh B, student, appreciates the collaboration between the City and students, wants to emphasize that the bike lanes have a big issue with drivers parking in the bike lanes. Agrees with Councilmember Adams about the visibility and crosswalks on Hartwick Rd. Councilmember Adams encourages the City to look at costs of flex posts on Knox Rd and the crosswalk on Hartwick Rd early this Fall. A motion was made by Councilmember Adams and seconded by Councilmember Brown Esters to approve the installation of safety measures on Knox Road between Guilford Drive and Baltimore Avenue and on Hartwick Road between Knox Road and Baltimore Avenue College Park City Council August 7, 2024 Page 6 The motion passed 7-0. 24-O-04 Introduction of Ordinance 24-O-04, Ordinance of the Mayor and Council of the City of College Park Amending City Code Chapter 110, “Fees and Interest,” Chapter 151 “Permit Parking” to Reenact the Monthly Permit Parking Program in the Downtown Parking Garage for Downtown Business/Merchant Employees; and to Authorize the City Manager Discretionary Powers to Oversee and Manage these programs. The Public Hearing will be held on Tuesday, September 10, 2024 at 7:30 p.m. in the Council Chambers of City Hall. Mr. Miller, Parking Enforcement Manager, reviewed the staff report. Councilmember Adams inquired if a minimum number of passes was necessary. Mr. Miller explained that the minimum is there because City needed a baseline figure for the program. Councilmember Adams is in support of not restricting the number of parking passes that are issued and making the term annually instead of every 6 months. Councilmember Brown Esters inquired what the capacity of the garage is and what the typical usage is. Mr. Miller explained the garage is usually 70% availability, there are 388 parking spaces, however, levels 3-5 are restricted weekdays to City/UMD employees. Councilmember Hernandez wants to make sure we are applying the same restrictions as we do for the residents. Mr. Miller explained there were past issues where merchant workers would obtain a permit and quit their job, and the City would not know. This proposal will help with the parking issues for merchants’ workers. Mr. Young added that the City is trying to fill the needs of the businesses. Councilmember Whitney inquired if the monthly permits were time restricted and how full the garage gets during Friday Night Lives. Mr. Miller explained it is about 2/3 full. A motion was made by Mayor Pro Tem Mitchell and seconded by Councilmember Hew to Introduction of Ordinance 24-O-04, Ordinance of the Mayor and Council of the City of College Park Amending City Code Chapter 110, “Fees and Interest,” Chapter 151 “Permit Parking” to Reenact the Monthly Permit Parking Program in the Downtown Parking Garage for Downtown Business/Merchant Employees; and to Authorize the City Manager Discretionary Powers to Oversee and Manage these programs, and schedule the Public Hearing on Tuesday, September 10, 2024 at 7:30 p.m. College Park City Council August 7, 2024 Page 7 24-G-116 Approval of the application for a new Class B, (BLX) Beer, Wine and Liquor License by Leho Poldmae, Member/Authorized Person for the use of GT College Park, LLC., t/a The Greene Turtle, 7356 Baltimore Avenue, and approve a Property Use Agreement in substantially the form attached, to be signed by the City Manager, with City staff to be authorized to present the City’s position at the Board of License Commissioner’s scheduled for August 27, 2024. City Attorney Anderson reviewed the staff report. Councilmember Whitney inquired about the percentage of alcohol sales at other locations. Micheal Wells from green Turtle responded with 70% food and 30% alcohol, and at the Towson location, the rate would be 60% food and 40% alcohol. Mr. Wells affirmed there would be no issues with the 35% alcohol restriction the City has in place. Councilmember Mackie inquired if there would be gambling. Mr. Wells confirmed no gambling will occur. Councilmember Adams is excited to add Green Turtle to College Park. Councilmember Brown Esters wanted to hear more about what interested them in coming to the City. Mr. Wells explained that the City has always been a place of interest and their recently closed Laurel location serviced a lot of the City residents. They are happy about being in College Park. Public Comment: David Mister, Counsel for Green Turtle, wants to confirm the accuracy of Mr. Wells information and that they understand the importance of not serving under aged residents or over serving anyone. Tom Finn, Vice President of Green Turtle, explains that the organization has been looking for many years to move to College Park. They are happy to continue to build relationships with UMD and the City residents. Will be coming in late September. A motion was made by Councilmember Adams and seconded by Councilmember Mackie to approve the application for a new Class B, (BLX) Beer, Wine and Liquor License by Leho Poldmae, Member/Authorized Person for the use of GT College Park, LLC., t/a The Greene Turtle, 7356 Baltimore Avenue, and approve a Property Use Agreement in substantially the form attached, to be signed by the City Manager, with City staff to be authorized to present the City’s position at the Board of License Commissioner’s scheduled for August 27, 2024. College Park City Council August 7, 2024 Page 8 The motion passed 6-0, Councilmember Hernandez stepped out. 24-G-117 Approval of the Parameters/Guidelines for the City’s Business Retention and Attraction Fund and approve staff to process and allocate the budgeted dollars for the Business Retention and Attraction Program. Mr. Williams, Director of Economic Development, reviewed the staff report. Mayor Pro Tem Mithell asked the City Attorney or City Manager if the City needs to obtain any type of insurance or are there any other legal measures for the grantees that the City needs to look at? City Attorney Anderson explained we can put in a grant agreement with penalties if requirements are met. Councilmember Whitney expressed concern regarding the $15,000 parameter and considers the amount of $30,000 a reasonable amount that the City Manager can approve. Also, the use of accolated funds changed to 180 days. Lastly, suggested extending the grant term from 2 years to 5 years and penalizing a prorated amount for any breach of terms. Mr. Williams agrees with the suggestions made. Councilmember Hernandez inquired about the funding cap - would like the business attraction fund to be a larger accommodation that is provided to the businesses in our City. He urges the amount be increased above $30,000 to allow the grant to be presented to the Council for approval. Inquired why the City would be concerned with granting funds to big businesses verses mom and pop shops (smaller business)? What are the consequences if businesses don’t meet the requirements? What goes into the consideration of the grant applications? Mr. Williams explained that larger business has more employees and generates more tax revenue for the City. The City has started to truly understand what the day-to-day operation is like for local merchants, not favoring big business over small business, all business is important to our local economy. In the future, the City does plan to put more legal language as claw back provisions. Councilmember Adams recognizes that grants have different rounds and it’s not something that happens overnight. He suggested that the City set two separate grant periods to accept/review grant applications. This will help diversify the City and assist with the budget. Mr. Williams explained that the City does have processing stages where the City reviews where the funding is being allocated. Mr. Young added that the City reviews milestones when paying out grants and the disbursements are backed up with details regarding where the funding is being allocated. Mr. Young addressed the suggestions by Councilmember Admas and College Park City Council August 7, 2024 Page 9 Councilmember Hernandez clarified that he was suggesting the grant requests for $15,000 be present but that the amount be increased between $30,000 and $50,000 to incentivize retaining business. Councilmember Hernandez stated that the $15,000 is too low and that certain requests should be brought to Council. Councilmember Mackie suggested possibly adding categories of what businesses the City needs and expanding the grant program to include possibly medical care, nonprofits and licensed daycare providers. Mr. Williams explained that most of the time the adult care or daycare providers are home based businesses, so the City may not be able to consider them. Councilmember Brown Esters stated that when discussing increasing the grant amounts, this change would also decrease the number of businesses the City can help. She would also like to see the program evolve and expand. Councilmember Mitchell: the grant program is an opportunity to discuss the economic development plan and agrees that $30,000 would help businesses get in and out the door. Councilmember Mitchell also stated DPIE is extremely backlogged, and the Council should be able to allow the Economic Development Director and the City Manager to aid with getting business. Councilmember Hew agrees with keeping the grants at $30,000, doesn’t think lesser amount should be presented to Council and doesn’t want more time taken up with the process. Mr. Young wants to ensure that he has clarity from Council, there are about 3 or 4 pipelined projects that are above the amounts in question at this time, these are projects that Council has wanted occupied or developed, but these items would need to be brought to Council because of the requested dollar amounts. Mayor Kabir wanted clarity of other tools similar to what the County does. Mr. Williams is looking into options for interest-free loans, and microgrants. To establish ourselves as lenders it would be more of a financial commitment. Councilmember Adams stated the City can use the percentage of total investment as metric to put guardrails but not constrict. This will help make the grants more attractive and aid in business retention. Requesting that the City set an expectation. Councilmember Whitney doesn’t see the Virtual X kitchen as solely and expansion for that one business, Virtual X Kitchen acts as an incubator hub for several businesses. It also allows for space for other businesses. College Park City Council August 7, 2024 Page 10 Councilmember Hernandez’s biggest concern was standards that weren’t clear to the applicant. He felt like it was just “open” and wants to amend his suggestion to reflect either $50,000 grants or 20% of the cost needed. Mr. Young confirms that this item can be brought back with more guidelines reflective of the other suggestions. But wants Council to know we will continue moving forward with the program as is. Mayor Pro Tem Mithell wants information regarding what the County and other jurisdictions have in play. No action taken will be moved to a later date. DISCUSSION ITEMS: A. Status update and discussion of the ARPA Allocation Fund and Lost Revenue Recovery Funds Mr. Fields reviewed the staff report and conveyed that he would like to bring the recommendation back for the $550,000 allocations and the budget encumbrances, and how to use the lost revenue and ARPA funds, at the September 10th meeting to start the process. Councilmember Adams points out that if the City is to be successful in going through the steps to obligate funding for the stormwater funds, it is suggested that the $585,000 be moved towards Duvall Field to account for stormwater management. Mr. Fields will meet with the City Engineer regarding grants, the bond that was taken out, and the covenants allowing for the excess funds to be used for other capital projects. Mr. Young stated that it is a timing issue when it comes to grants to add to the City’s general fund, he will meet with staff to see what the risks are for using ARPA funding. Mayor Pro Tem Mitchell is in support of the Calvert Hills Stormwater project. There are several homes in District 4 that have not completed the stormwater study and the allotted funding for stormwater. Councilmember Hernandez reemphasizes that the City needs to consider the movement of ARPA funds. College Park City Council August 7, 2024 Page 11 Mr. Fields reassured Council that he is very mindful of the regulations and has full confidence in the contracted consulting firm Hagerty. A motion was made by Councilmember Brow -Esters and seconded by Councilmember Hernandez to extend the meeting. 7/0 Councilmember Adams inquires if the City can pre-allocate ARPA funding to other fiscal years if the funds aren’t used. Also, inquires if the City is fulfilling salary obligations. Mr. Feilds will ask Hagerty Consultants to verify if the City can pre-designate funding to food services. Mr. Young stated that the City can reallocate unused funds to food services, he has also been in conversation with the Housing Authority and asked them to provide potential projects that need funding. Mr. Fields explains that the City is able to pay salaries and benefits to employees, however, the funds are replacing the funds in the general fund. The City will need to work with Hagerty Consultants to obligate funding for other fiscal years. Councilmember Whitney inquires if giving funds to projects like food services, would be considered a donation or can the City have a contract drawn up. Mr. Fields expresses concerns of risk regarding prepaying businesses or other projects without an obligation agreement. He will work with Hagerty Consultants to resolve questions from the Council. FUTURE AGENDA ITEMS: Councilmember Adams put forth a request for a letter of support to SHA for protected bike lanes on reconstructed portions of Rhode Island Avenue. Councilmember Whitney seconded, motion carried 7-0 COUNCIL AND STAFF COMMENTS: Councilmember Mackie and Councilmember Whitney attended the Chesapeake Bay Water Policy meeting in July, more information to come. Mayor Pro Tem Mitchell attended COG retreat in July, had a chance to speak with DC Metro Task Force. The City should be receiving a report regarding short fall in September. College Park City Council August 7, 2024 Page 12 Mayor Kabir and Councilmember Rigg attended the COG Region IV meetings about how other communities are handling their community engagement, acknowledged the retirement of Janeen Miller, former City Clerk, and Yvette Allen’s first meeting as City Clerk. Councilmember Whitney brought to the Council’s attention, that along the newly painted bike lanes on Rt. 1, the drainage grates are not safely oriented and are parallel to traffic. City Engineer has contacted SHA about the safety issues and they are working to fix this issue. Also, attended the four cities meeting and discussed with SHA the need for protected bike lanes on RT. 1, functioning pedestrian crosswalk at Campus Dr., and lights on Greenbelt Rd. Councilmember Hew attended MML symposium on Housing for the State. Councilmember Hernandez reminded residents that the school year is starting up and there are many programs for free supplies like American Legion and BFW. Mayor Kabir noted that a backpack drive is occurring at Hollywood Elementary. Mayor Pro Tem Mitchell added a note for parents to make sure their children are registered to have transportation if they are not registered at the schools for transportation, they may not be able to ride the bus. Mr. Young announced the City has a survey in the weekly bulletin called DMV Moves, which encourages residents to supply feedback to WMATA regarding metro service. ADJOURN: A motion was made by Mayor Pro Tem Mitchell, seconded by Councilmember Brown Esters, to adjourn the regular meeting. The motion passed 7-0 and the regular meeting was adjourned at 10:39 p.m. Respectfully submitted by Elyse Daniels, Administrative Specialist