City Council

City of Hyattsville Hyattsville Municipal Building 4310 Gallatin Street, 3rd Floor Hyattsville, MD 20781 (301) 985-5000 www.hyattsville.org Agenda Regular Meeting Register in advance for the webinar: https://us06web.zoom.us/webinar/register/WN_AlLKHMUVSW-_w2u6zeedAQ Monday, November 6, 2023 7:00 PM Virtual City Council Robert S. Croslin, Mayor Joseph Solomon, Council President, Ward 5 Joanne Waszczak, Council Vice President, Ward 1 Sam Denes, Ward 1 Danny Schaible, Ward 2 Emily Strab, Ward 2 Jimmy McClellan, Ward 3 Kareem Redmond, Ward 3 Edouard Haba, Ward 4 Michelle Lee, Ward 4 Rommel Sandino, Ward 5 ADMINISTRATION Tracey E. Douglas, City Administrator Laura Reams, City Clerk, 301-985-5009, cityclerk@hyattsville.org City Council Agenda Regular Meeting November 6, 2023 WELCOME TO THE CITY OF HYATTSVILLE CITY COUNCIL MEETING! Your participation at this public meeting is valued and appreciated. AGENDA/PACKET: The Agenda/Packet is available for review at the Hyattsville Municipal Building and online at www.hyattsville.org prior to the scheduled meeting (generally available no later than the Friday prior to the scheduled Monday meeting). Please note, times given for agenda items are estimates only. Matters other than those indicated on the agenda may also be considered at Council discretion. AMERICANS WITH DISABILITY ACT: In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk’s Office at (301) 985-5009. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. AUDIBLE DEVICES: Please ensure all audible devices are turned off or otherwise not audible when the City Council is in session. Thank you. PUBLIC INPUT: If you wish to address the Council during the Public Comment period, please use the "Raise Hand" feature in the virtual meeting interface. Participants may also submit statements electronically using the eComment feature at www.hyattsville.org/meetings or via email to cityclerk@hyattsville.org no later than two (2) hours prior to the start of the meeting. Submitted electronic statements will be sent to Councilmembers prior to the meeting and will not be read aloud. All participants shall remain respectful in their contributions and associated functions of the virtual meeting interface are not intended for public dialogue or discussion. WAYS TO WATCH THE MEETING LIVE: City Council meetings are broadcast live on cable television channel 71 (Comcast) and channel 12 (Verizon). You may also view meetings live online at hyattsville-md.granicus.com/MediaPlayer.php?camera_id=2 REPLAY SCHEDULE: The meetings will be re-broadcast on cable television, channel 71 (Comcast) and channel 12 (Verizon) daily at 7:00 a.m., 1 p.m., and 8 p.m. Meetings are also able for replay online at www.hyattsville.org/meetings. CITY INFORMATION: Sign up to receive text and email notifications about Hyattsville events, government, police and programs at www.hyattsville.org/list.aspx INCLEMENT WEATHER: In the event of inclement weather, please call 301-985-5000 to confirm the status of the Council meeting. City of Hyattsville Page 1 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 Meeting Notice: The Hyattsville City Council will hold its meeting on Monday, November 6, 2023 remotely via video conference. The Council meeting will be conducted entirely remotely; there will be no in-person meeting attendance. The meeting will be broadcast live on cable television channel 71 (Comcast), channel 12 (Verizon), and available via live stream at www.hyattsville.org/meetings. PUBLIC PARTICIPATION: If you wish to address the Council during the Public Comment period, please use the "Raise Hand" feature in the virtual meeting interface. Participants may also submit statements electronically using the eComment feature at www.hyattsville.org/meetings or via email to cityclerk@hyattsville.org no later than two (2) hours prior to the start of the meeting. Submitted electronic statements will be sent to Councilmembers prior to the meeting and included in the official meeting record. Electronically submitted statements will not be read aloud. All participants shall remain respectful in their contributions and associated functions of the virtual meeting interface are not intended for public dialogue or discussion. Members of the public who wish to comment during the virtual Council meeting must register in advance using the link below. https://us06web.zoom.us/webinar/register/WN_AlLKHMUVSW-_w2u6zeedAQ 1. Call to Order and Council Roll Call 2. Pledge of Allegiance to the Flag 3. Approval of Agenda 4. Approval of the Minutes City of Hyattsville Page 2 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 4.a. Approval of the Minutes HCC-115-FY24 I move that the Mayor and Council approve the minutes of the Public Hearing on May 2, 2022, May 16, 2022, October 17, 2022, December 19, 2022, and the City Council meeting of September 18, 2023. Sponsors: City Administrator Department: City Clerk Attachments: Minutes_Sept 18 2023 Public Hearing Minutes_Dec_19_2022 Public Hearing Minutes_Oct 17_2022 Minutes_PublicHearing_May16_2023 Minutes_PublicHearing_May2_2023 5. Public Comment (7:10 p.m. – 7:20 p.m.) Complete Speaker Card, Limit 2 minutes per speaker 6. City Administrator Update (7:10 p.m - 7:30 p.m.) 7. Presentations (7:30 p.m. - 7:50 p.m.) 7.a. Procurement Code and Charter Amendment HCC-126-FY24 For presentation. Sponsors: City Administrator Department: City Clerk 7.b. The Spot Redesign Concept Plan HCC-121-FY24 For presentation. Sponsors: City Administrator Department: Community & Economic Development Attachments: The Spot Redesign Final Concept and Report City of Hyattsville Page 3 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 7.c. Library Apartments/3325 Toledo Road Garage Redevelopment Detailed Site HCC-124-FY24 Plan (DSP) 01002-04 For presentation. Sponsors: City Administrator Department: Community & Economic Development Attachments: Staff Memo - Library Apartments - DSP 01002-04 2023-10-24 Council Presentation Detailed Site Plan (DSP-01002-04) Statement of Justification Architectural drawings Stormwater Management Concept Plan approval Certificate of Adequacy (ADQ-2022-055) Planning Board Resolution (PPS-4-22004) 8. Proclamations 8.a. Proclamation Recognizing Native American Heritage Month HCC-117-FY24 I move that Mayor and Council adopt a proclamation to declare November 2023 as Native American Heritage Month in the City of Hyattsville. Sponsors: City Administrator Department: City Clerk Attachments: CM 1106 Native American Heritage Month 2023 8.b. Proclamation Recognizing Municipal Government Works Month HCC-118-FY24 I move that the Mayor and Council adopt a proclamation recognizing November 2023 as Municipal Government Works Month in the City of Hyattsville. Sponsors: City Administrator Department: City Clerk Attachments: CM 1106 Municipal Government Works Month 2023 City of Hyattsville Page 4 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 8.c. Proclamation Recognizing Veterans Day HCC-119-FY24 I move that the Mayor and Council proclaim November 11, 2023, to be Veterans Day in the City of Hyattsville. Sponsors: City Administrator Department: City Clerk Attachments: CM 1106 Veterans Day Proclamation 2023 8.d. Proclamation Recognizing American Education Week HCC-120-FY24 I move that the Mayor and Council adopt a proclamation in honor of American Education Week, November 13 - 17, 2023. Sponsors: City Administrator Department: City Clerk Attachments: CM 1106 American Education Week 2023 9. Appointments 9.a. Appointment to the Race and Equity Task Force HCC-122-FY24 I move that the Mayor and Council approve the reappointment of Daniel Amador (Ward 5) to the Race and Equity Task Force for a term of two (2) years to expire on November 6, 2025. Sponsors: Haba Department: City Clerk Attachments: Daniel Amador reappoint Nov 2023 redac 9.b. Appointment to the Planning Committee HCC-123-FY24 I move that the Mayor and Council approve the reappointment of David Marshall (Ward 4) to the Planning Committee for a term of two (2) years to end on November 6, 2025. Sponsors: Redmond and Denes Department: City Clerk Attachments: David Marshall re-appoint Nov 23 redac City of Hyattsville Page 5 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 9.c. Appointment to the Ethics Commission HCC-127-FY24 I move that the Mayor, with Council approval, appoint Katie Siemon (Ward 1) to the Ethics Commission for a term of three (3) years to end on November 6, 2026. Sponsors: Croslin Department: City Clerk Attachments: Katie Siemon Aug 5_redac 10. Consent Items (7:50 p.m. - 7:55 p.m.) Items listed on the Consent Agenda are considered routine in nature, and are approved in one motion. There will be no separate discussion of these items unless the Mayor/Council request specific items be removed from the Consent agenda for separate action. 10.a. Award of Road Improvement Contract HCC-111-FY24 I move that the Mayor and Council authorize the City Administrator to enter into an agreement with NZI Construction, Inc. for road and sidewalk improvements throughout the City, utilizing a rider on Prince George’s County contract 932A-H(F)D. The agreement will be for the same terms, conditions, costs, and period of performance, including all extensions as issued by Prince George’s County, pending legal review. Sponsors: City Administrator Department: Public Works Attachments: PG 932A-H(F)D Contract Agreement dated 10-05-20 932A-H(F)D Amendment #1 fully executed 10.b. Purchase of Two 2023 Chevrolet Tahoe Pursuit Vehicles HCC-112-FY24 I move that the Mayor and Council authorize an expenditure not to exceed $93,751.97 to Mall Chevrolet for the purchase of two (2) 2023 Chevrolet Tahoe Pursuit Vehicles. Sponsors: City Administrator Department: Police Department Attachments: Chevy Quote PD Letter of Intent Mall Chevrolet 12-8-2022 Vendor Docs Mall Chevrolet Cars Crossovers Class 1-3 Pickup Trucks_Chassis Cabs SUVs and Vans ESCNJ 20_21_09 (1) (1) City of Hyattsville Page 6 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 10.c. Memorandum of Understanding with the Bureau of Alcohol, Tobacco, HCC-113-FY24 Firearms and Explosives (ATF) Regarding E-Trace Firearm Tracing Application I move that the Mayor and Council authorize the City Administrator to enter into a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for access to eTrace, pending review and approval by the City Attorney. Sponsors: City Administrator Department: Police Department Attachments: Memorandum of Understanding - HYATTSVILLE CITY MD POLICE DEPARTMENT 10.d. FY24 Budget Appropriation: Accept and Appropriate the BJA FY22 Byrne HCC-114-FY24 Discretionary Community Funding Grant for Evidence Lab Upgrades I move that the Mayor and Council accept and appropriate into the FY24 budget, the Byrne Discretionary Community Funding Grant in the amount of $100,000 toward evidence lab equipment upgrades. Sponsors: City Administrator Department: Police Department Attachments: Award Letter_Evidence Grant 10.e FY24 Budget Appropriation: Accept and Appropriate the FY23 Law HCC-128-FY24 Enforcement Agency De-Escalation Grant - Community Policing Development Solicitation I move that the Mayor and Council accept and appropriate the De-Escalation Grant Award in the amount of $109,000 to cover the cost of APEX Officer, a virtual reality training simulator for the Hyattsville Police Department. Sponsors: City Administrator Department: Police Department Attachments: Award_Package_FAW-180772 11. Discussion Items (8:55 p.m. - 9:10 p.m.) City of Hyattsville Page 7 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 11.a. Hyattsville Rent Stabilization Ordinance HCC-108-FY24 I move that the Mayor and Council authorize the City Attorney to prepare an ordinance on regulating the annual rate of increase in rental prices in the City Hyattsville. The ordinance shall meet the following rent stabilization goals: Rental Increase Allowance: This ordinance shall: ● Authorize and require the City Administrator to set and publish a maximum allowable annual rent increase (MAARI). The MAARI shall be the maximum annual allowable percentage increase in price per unit for non-exempt rental properties within the City of Hyattsville. ● The MAARI shall be equal to the annual percentage increase in the Washington-Arlington-Alexandria, DC-VA-MD-WV Consumer Price Index for All Urban Consumers (CPI-U), from November to November of the two most recent calendar years, rounded to the nearest whole number, and shall be effective for a twelve-month period beginning January 1. ● In addition to rent increases, the MAARI shall include and regulate all increases to fees associated with rental properties, including but not limited to fees associated with utilities, parking, amenities, and pets. Exemptions: The following classes of rental properties and rental agreements shall be exempt from the limit imposed through the MAARI. ● Rental properties less than 15 years old. ● Buildings with 4 or fewer units. ● Owner-occupied where the tenants share a kitchen or bathroom with the owner. ● Short-term leasing agreements. (Defined as leases for 30 days or less, published via short-term leasing platforms such as Airbnb) Extensions of leases beyond 120 days will make the unit subject to the Rent Allowance clauses prescribed. ● Accessory apartments and dwelling units. ● Units that are subsidized or regulated by federal, state, county, or local guidelines. This exemption does not apply to non-subsidized or non-regulated units that are rented using a housing voucher. Rental Registry: ● The City shall create and maintain a publicly accessible rental registry containing all legal rental units within the City of Hyattsville and indicate which units are subject to rent stabilization. The rental registry shall be public and posted on the City’s website. ● All rental properties must be on the rental registry. Unregistered properties cannot legally raise the rent and are subject to municipal citations. ● Providing false information to the registration is illegal under this ordinance and subject to municipal citation. ● Yearly notice will be sent to the landlords of all rental properties reminding them to register their rental units and pay the occupancy permit fee, and informing them of the allowable MAARI rate increase for rent stabilization eligible properties. Civil Recourse: ● Any landlord found in violation of the ordinance shall be required to pay any tenant harmed by any such violation no less than the equivalent of three (3) months of rent, City of Hyattsville Page 8 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 plus any attorney fees paid by the City to enforce the ordinance. ● The City may deny a rental license to, and may impose financial penalties on, any landlord who fails to comply with this ordinance. ● Property owners may be sanctioned under this statute if City code finds them in violation: <https://law.justia.com/codes/maryland/2021/real-property/title-8/subtitle- 2/section-8-211/> Staffing and Management: ● Publish the MAARI and distribute it to all property owners. ● Provide an annual report to Hyattsville City Council on the status of the Rent Stabilization Program. Communications and Outreach City staff shall: ● Develop and distribute annual rent stabilization notifications in English and Spanish. Notifications must be kept posted in the lobby, mailroom, or other public gathering space of every rent stabilization eligible property. Voluntary Rent Increase Agreements Related to Capital Improvements Landlords may propose and be approved for rent increases that exceed the MAARI if the capital improvements/repairs that they will make, and the subsequent rent increases, have the supermajority support (greater than or equal to 60%) of the affected tenants. In such circumstances, the vote will be administered by the City and the votes cast by tenants will be anonymous. Trivial and routine repairs and renovations shall be ineligible for these agreements. Regulations related to voluntary rent increase agreements shall be prepared by the City. Right to a Fair Return: · Fair Return Rent Increase. Landlords have a right to petition for a rent increase in order to obtain a fair return. A fair return rent increase is intended to protect tenants from unwarranted rent increases while allowing rent levels that provide landlords with a fair return. Regulations related to the right to a fair return shall be prepared by the City and approved by Council. Preferential Rent Banking: · Preferential rent is rent a landlord charges that is lower than the legal regulated rent they could lawfully charge. If a landlord uses preferential rent, once the tenancy ends the landlord may increase rent for the new tenant up to the full amount permitted by the MAARI over the full duration of the previous tenancy. This option is available only when there is a change of tenants (as opposed to a lease renewal with the same tenant), and can only span the time between two different tenants (i.e. once a new lease agreement is reached with a new tenant, any past preferential rent usage will become fixed). CITY POLICY (not codified) In support of the ordinance the City shall implement the following policies and procedures: Rental Registry ● At a minimum, the rental registry must include for each unit 1) the year built, 2) the number of bedrooms, 3) the address of the property, 4) the unit number, 5) the date City of Hyattsville Page 9 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 the current lease began, 6) the rent as of January 1 for each year, 7) any associated rental fees (utilities, parking, pet etc.) as of January 1 for each year, 8) the name of the multifamily property; 9) the name, mailing address, phone number, and email address of each owner and manager of a registered property; 10) if the property is rent stabilized. Administrative Support: ● The cost of implementing this ordinance shall be paid for with revenue generated from the rental registry fee. It is estimated that two full-time employees will be required to implement and administer this program, including maintaining the required registry of rental units, publishing and disseminating the MAARI, answering questions from landlords and tenants, hosting workshops for tenants and landlords, publishing annual reports on program outcomes, and enforcing the requirements imposed on landlords by the ordinance. Fluency in English and Spanish will be essential for this program. ● Increase occupancy permit fee by $50 per unit to assist in covering City administrative expenses associated with the rental registry and rent stabilization. Staffing and Management: ● Authorize the creation of a staff level Housing Affordability role responsible for implementing this ordinance and other housing affordability initiatives. ● Adjudicate landlord/tenant rental disputes. ● Advise Hyattsville City Council on modifications required to the rent stabilization ordinance and additional solutions/recommendations to address affordability. ● Maintain rental unit registry. ● Additional responsibilities as enumerated in the 2023 Hyattsville Rent Stabilization Study. Communications and Outreach The dedicated staff persons hired to administer the ordinance shall: ● Conduct public outreach such as development of brochures, ad campaigns, webpage, host public workshops etc. ● Develop an online calculator to compute allowable rent increases. Sponsors: Schaible, Croslin, Solomon, Denes, Waszczak, McClellan, Redmond, Haba and Sandino Department: City Clerk Attachments: Takoma Park, Rent Stabilization Ordinance Final_Hyattsville Rent Stabilization Study (004) (2) City of Hyattsville Page 10 of 11 Monday, November 6, 2023 7:00 PM City Council Agenda Regular Meeting November 6, 2023 11.b. ARPA Spending Plan Discussion HCC-125-FY24 For discussion. Sponsors: City Administrator Department: Finance Attachments: ARPA Spending Plan Update Discussion November 2023 12. Council Dialogue (9:10 p.m. - 9:20 p.m.) 13. Motion to Adjourn City of Hyattsville Page 11 of 11 Monday, November 6, 2023 7:00 PM