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Council Chambers) WEDNESDAY, NOVEMBER 6, 2013 (COUNCIL CHAMBERS) 7:30P.M. WORKSESSION COLLEGE PARK MISSION STATEMENT The City of College Park encourages broad community involvement and collaboration, and is committed to enhancing the quality of life for everyone who lives, raises a family, visits, works, and learns in the City; and operating a government that delivers excellent services, is open and responsive to the needs of the community, and balances the interests of all residents and visitors. CITY MANAGER'S REPORT PROPOSED ITEMS TO GO DIRECTLY TO NEXT WEEK'S AGENDA PROPOSED CONSENT AGENDA ITEMS WORKSESSION DISCUSSION ITEMS 1. Presentation on proposed Bottle Bill- Joanne Guy, MarylandPIRG (Request of Councilmember Day) 2. Approval of a Property Use Agreement with Fishnet (Return from October 15 Worksession) - Bob Ryan, Director of Public Services 3. Discussion of Amended DSP for Monument Realty and approval of Declaration of Covenants- Terry Schum, Director of Planning and Suellen Ferguson, City Attorney 4. Review and Discussion of Strategies in the NSQLWG Final Report 5. Appointments to Boards and Committees COUNCIL COMMENTS INFORMATION/STATUS REPORTS FOR COUNCIL REVIEW This agenda is subject to change. For current information, please contact the City Clerk. In accordance with the Americans With Disabilities Act, if you need special assistance, you may contact the City Clerk's Office at 240-487-3501 and describe the assistance that is necessary. 1 1 MaryPIRG Bottle Bill Proposal 2 -o ~ (,/) 0 <( >-.. z ~c: (]) _J ::::s o- _J (]) ::5 s... u... - -o ca c: ~ ro <( w (,/) _J .4-J \.;::: (]) (,/) L 1- c: c: (]) 0 UJ co ·p "' (,/) ~ (]) I 0 u ::::s 1- ca afa 3 WHY DOWE NEED A BOTTLE BILL? ..,.. Maryland's recycling rate is far below the national average ..,.. Bottle bills are shown to triple the rates of recycling in I 0 other states that have them .j:::. RETAILERS AND DISTRIBUTORS ~ Retailers can set up redemption centers, where bottles and cans are collected ~ In some states, retailers within a certain radius of licensed pre-existing recycling centers are exempt ~ Occasionally distributors of beverages pay a I cent per container fee to the retailer (or other redemption center) ()1 STATES AND COUNTIES ~ States and counties can set up their own collection centers ~ They can be regulated by state and other local governments ~ Handling fees for the bottles can be paid via the funds allocated by the state/local government (j) WORKING WITH MUNICIPAL RECYCLING PROGRAMS ..,.. States with bottle bills have a higher container-recycling rate . ..,.. Because the material is collected separately from other materials (especially other plastics), the material tends to be less contaminated and thus is of a higher quality than material collected curbside . ..,.. Also, because the material has a cash value, people are less likely to litter the containers and even if they do end up as litter; someone is more likely to pick the material up . ..,.. This is especially helpful toward reducing litter at beaches and parks which may have inadequate recycling opportunities. -,____ . ---··--- ~--- -....! BENEFITS FOR COLLEGE PARK ..., From the college park website: "The City of College Park will be a vibrant and prosperous residential, commercial, and educational community with individuals working cooperatively. College Park will have safe and harmonious neighborhoods; a clean, attractive, and healthy natural environment ... " ~ The bottle bill creates: ... Community building and cooperation between members and local government or retailers ... A cleaner environment with less litter ... Cleaner air for everyone ..- Unredeemed funds go to environmental education ..., College Park currently accounts for 40% of solid waste collection- there is so much room for improvement! 00 FAQS .. What other states have bottle bills? ._. California, Connecticut, Hawaii, Iowa, Maine, Massachusetts, Michigan, New York, Oregon, Vermont, .. Does it have any support? ._. A national deposit law is supported by 70-75% of the population, and expansion of existing state deposit laws is supported by 70-85% of the citizens of those states .. How do the un-recycled bottles harm the environment? ._. beverage containers account for 20% of the greenhouse gas emissions resulting from replacing wasted containers with new containers made from virgin materials ._. Beverage containers compose only 4-6% .. Where do unredeemed deposits go? ._. Most of the time they go to a state general fund to fund environmental education programs or facilitate more recycling (!) 2 Fishnet PUA 10 MEMORANDUM TO: Mayor and City Council THROUGH: Joseph Nagro, City Manager , , ~ g_ FROM: Robert W. Ryan, Public Services Director {;M .¥ DATE: November 1, 2013 SUBJECT: Application for a new Class B, Beer and Wine License for the use of Fishnet Restaurant, LLC, t/a Fishnet, 5008-10 Berwyn Road, College Park ISSUE An application for a new Class B, Beer and Wine Alcoholic Beverage License has been submitted to the BOLC by Ferhat N. Yalcin, Owner, and Keyia N. Yalcin, Owner, for the use of Fishnet Restaurant, LLC, t/a Fishnet, 5008-10 Berwyn Road, College Park, 20740. A draft Property Use Agreement (PUA) has been prepared for Council consideration. The business owner has advised the City that he wishes the liquor license to include a coffee shop adjacent to the restaurant. The BOLC hearing is scheduled for November 26,2013. SUMMARY The City Attorney and Director of Public Services met with the applicant again this week. In response to the applicant's wishes to open a future coffee shop in the storefront adjacent to the Fishnet restaurant, a revised draft PUA was discussed and is attached. The applicant was advised that the BOLC is the authority to decide if the coffee shop may be included on the license and any applicable conditions. The City PUA, however, is drafted to include the coffee shop pending BOLC approval. During discussion, a new alcohol to food ratio of 30/70% was determined to be acceptable to the applicant. Customer identification was discussed. The applicant offered to use a scanning device to inspect the forms of ID approved by the BOLC. The applicant does not propose to charge a cover charge. The applicant plans to serve alcoholic beverages in the adjacent coffee shop when it opens in 2014, in an outdoor garden area behind the restaurant, and at sidewalk tables in front, if allowed by the BOLC. The applicant will not serve beer in pitchers. The applicant will apply for an exception to a BOLC entertainment license if they plan to have acoustic entertainment in the future. Security is provided by a system of six cameras and a remotely monitored alarm system. The applicant will attend the Council worksession on November 6, 2013 to discuss the draft PUA. RECOMMENDATION Staff recommends consideration of the draft PU A. After discussion of the PU A and any desired changes with the applicant, the Council should decide to oppose or not oppose approval of the license by the BOLC. Staff should be authorized to testify to the Council's position at the BOLC hearing on November 26, 2013. Attachments: (1) Draft PUA (2) Menu 11 ATTACHMENT 1 PROPERTY USE AGREEMENT THIS PROPERTY USE AGREEMENT (the "Agreement") is made as of the ____ day of ________, 2013, by and between Fislmet Restaurant, LLC, t/a Fishnet and Kahve, and Ferhat Yalcin and Keyia Yalcin, Managing Members, (collectively "Licensee"); and the CITY OF COLLEGE PARK, a Maryland municipal corporation (the "City"). WITNESSETH WHEREAS, Alvin F. Jenkins is the owner and Fishnet Restaurant, LLC is a tenant at the property located at 5008-10 Berwyn Road, College Park, 20740 (the "Property"); and WHEREAS, the Property is located within the corporate limits of the City of College Park, Maryland; and WHEREAS, Licensee has applied to the Board of Liquor License Commissioners of Prince George's County, for a Class B, Beer and Wine License ("License") for the Property, which will be operated as Fishnet; and WHEREAS, the Licensee has requested the support of the City for the issuance of the License for the Property; and WHEREAS, in consideration ofthe covenants contained in this Agreement, the City will voice no objection to the Licensee's application and hearing for issuance of the License to the Property, subject to the terms, conditions and restrictions contained herein. NOW THEREFORE, in consideration of the foregoing, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the pmiies hereto agree as follows: 12 1. Repair and Maintenance of the Property. Licensee shall, from and after the date hereof, continue to keep the Property in good order and repair, and free of debris and graffiti. 2. Restrictions. Except with the express written consent of the City, which consent may be withheld in the City's sole and absolute discretion, during the period that Licensee is using or has any interest in the Property, and is using the License, the use of the Properiy shall be restricted to the operation of Fishnet and Kahve ("Restaurant"), or another substantially similar casual dining restaurant and cafe, which receives not more than thirty percent (30%) of its average daily receipts over any three consecutive monthly periods from the sale of alcoholic beverages, and which complies strictly with the restrictions and requirements of the State of Maryland/Prince George's County Class B License. The calculation of the percentage of alcoholic beverages sold shall include the full cost of any such beverage, and not just the alcohol contained in the beverage. Licensee will provide the City, by January 25 of each year, with summaries of each month's receipts for the sales of alcoholic beverages and food for the preceding calendar year, and, at any time, such information in such form as the City may reasonably require to permit the verification of sales required in this paragraph 2 of this Agreement.
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