City of College Park Council Meeting Review – October 17, 2023

Comments are made by Councilmembers Llatetra Brown Esters and Susan Whitney and are not approved or sanctioned by the City of College Park.

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Click here to find the video of the City of College Park Mayor & Council Hybrid Meeting on October 17, 2023. By going to this link, you are able to watch the discussion of specific agenda items you are interested in. If you have questions about Council actions and discussions, please email us at lbesters@collegeparkmd.gov and swhitney@collegeparkmd.gov.

AMENDMENTS TO AND APPROVAL OF THE AGENDA

Motion by Councilmember Esters to add to Consent a letter recognizing Embry AME Church for their 120th Anniversary, seconded by Councilmember Whitney

Motion by Councilmember Whitney to add to Consent a letter to support grant funding from the Pepsi Foundation for Terps for Bike Lanes, seconded by Councilmember Esters

CONSENT AGENDA    

23-G-156 Approval of minutes from the October 3, 2023, meeting.   

23-G-158 Letter to support grant funding from the Pepsi Foundation to Terps for Bike Lanes 

23-G-159 Letter recognizing 120th Anniversary of Embry AME Church 

Motion to approve Consent Agenda by Councilmember Adams, seconded by Councilmember Mackie. 

PUBLIC HEARING AND POSSIBLE ACTION ON ORDINANCE 23-O-09:  A. Ordinance 23-O-09, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 144 “Occupancy Permits”, § 144-1 Statement Of Policy,  §144-2 Definitions, §144-3 Occupancy Permits Required, §144-7 Revocation; Reinstatement; Renumbering And Amending §144-8, Violations And Penalties;  Enacting §144-8 Challenge To Affirmations, §144-9 Short Term Rental Licenses; Host Requirements, §144-10 Incorporation Of County Code Requirements, And Amending Chapter 110, Fees And Penalties, §110-2, Penalties, To Regulate Short-Term Rentals And Require A Short-Term Rental License, Adopt Definitions, Authorize A Challenge To The Application For A Short-Term Rental License By Certain Persons And Entities, Require Short-Term Rental Host Platforms To Require Any Short-Term Rental Host In The City To Submit A Copy Of The Host’s City Rental License To The Platform, Prior To The Rental Being Listed On The Platform, And To Set Fines For Violation.  

Mr. Ryan provided a brief overview of the item.  He explained that inspections and a collection of fees would be done prior to the issuance of permits. The City’s ordinance is slightly more restrictive than the County’s in that residents within 300 ft of the property would have the opportunity to give comment about an application and anyone within 300 ft of the property must be given notice by the host that they are filing an application.  They can file a challenge to ensure compliance.  If there isn’t compliance, the permit will not be granted. Unlike the County ordinance, the short-term rental platform does not need to register with the City.

As it relates to the size of rooms versus number of renters, Chapter 125 still applies.  

Hosts who already have a permit from the County will still need to apply for one from the City.   

The County will be working to update their application for permits, which may require us to update our application if there are substantive changes. Suellen Ferguson suggested that any changes at the county level should be reviewed, and the City should make changes to their ordinance before adopting.   

Parking provisions will depend upon the location of the property.  Parking restrictions will apply in areas where there is permitted parking.  Ms. Ferguson said one space would be required for up to 3 tenants at one time.  

There was a question about the number of short-term rental properties that currently exist in the city, and Mr. Ryan said that only 2 or 3 are registered with the County.  

Ms. Ferguson mentioned the adjustments made to the ordinance, including permit requirements, notice to neighbors, challenges to applications, and the removal of the specific reference to the COVID-19. 

In response to a question about how the reference to nuisance in the ordinance relates to the City’s existing code, Mr. Ryan said the purpose of nuisance in this ordinance relates to permit issuance.  If there is a nuisance a violation would be noted. Ms. Ferguson said once a violation has been identified a grace period would be given because compliance is the objective before citing.  

Mark Shroder, College Park resident and former city councilmember – expressed concern that there is a hole in the ordinance.  As a member of the Noise Control Board, he understands what happens with long-term rentals.  It is hard to hold the owner in violation with a long-term rental unless it can be proven that the owner knew there was an issue. He said Council needs to fill that hole as it relates to noise violations in short-term rentals.  

Kristen Souza, non-College Park resident – asked Council to oppose the ordinance because it is restrictive. Hosts who rent out their homes can supplement the cost of mortgage. Guests add to the local economy. If passed, this ordinance be the most restrictive in the state of Maryland.  

Motion made by Councilmember Rigg, seconded by Councilmember Adams.  

Councilmember Rigg said the ordinance makes clear to short-term platforms that the city does have a stake. The provisions of the ordinance allow for the host to be held responsible for nuisance.

ACTION ITEMS    

23-O-08 Consideration of Ordinance 23-O-08, An Ordinance Of The Mayor And Council Of The City Of College Park, Amending Chapter 175 “Taxation”, By Enacting Article V,  “Property Tax Credit For Elderly Individuals”,  §175-14 “Establishment Of Tax Credit”,   §175-15, “Eligibility”, §175-16, “Amount And Duration Of Credit”, §175-17, “Application For The Tax Credit,  And §175-18, “Effective Date Of The Tax Credit” To Authorize The Mayor And Council To Approve A  Tax Credit For Elderly Individuals And To Provide The Extent, Duration, And Eligibility Requirements For The Credit As Authorized By §9-258 Of The Taxation-Property Article, Annotated Code Of Maryland.    The Public Hearing was held on October 10, 2023.   Motion By:  To:  2nd:  Yes: No:  Abstain:  

Mr. Gary Fields gave a brief overview and said that allowing eligibility requirements to remain the same as the county would help to avoid administrative burden. He also said we do not know how many applicants we will have. 

Councilmember Mackie said she did not believe the cap should be set at $500,000 because the assessed value of a home does not indicate a lack of need.  

Councilmember Adams made a motion to amend the ordinance to remove the cap on assessed value of eligible homes and lower the flat credit to $150.

Councilmember Esters asked if we can reassess the ordinance annually. She expressed concern about raising the assessed value beyond the amount set by the county and not knowing exactly how many people would apply. 

Councilmember Kennedy made a motion to amend to replace cap of $500,000 assessed value with credit of $250, seconded by Esters. Councilmember Adams then made a motion to reduce the credit to $150, saying the higher amount might threaten implementation of the Age Friendly Action Plan. Seconded by Mitchell.

Councilmembers Mitchell and Mackie expressed concerns about the cap, but supported the ordinance as amended. Councilmember Mitchell said we should lobby the county to adjust their ordinance.  

Councilmember Rigg said rather than giving money to seniors, we should provide cash assistance to those who have need, like those living in Attick Towers and Spellman House. He said for the amount we’re likely to spend on the credit, we could hire half an FTE for Youth and family services or add funding for aging in place.  This may set us up for challenges moving forward.  

The Council voted 7-1 to pass the ordinance with a $500 thousand cap on assessed value and a flat credit of $150, with Councilmember Rigg as the dissenting vote.

23-G-157 Consideration of Business Retention and Attraction Fund grants – Michael Williams, Director of Economic Development  

Mr. Williams said we are coming to the end of the Campus Village situation, as he continues working with vendors to stay in College Park. Laser Essentials was one of the first to relocate. They are now seeking assistance with build-out and equipment costs for their new office space in College Park. The $23,000 request is the first through the business retention and attraction program. Before bringing this request to Council, overall costs and the amount spent by the business were considered.  Normally, the Council would not have heard about the funding request because it falls within the amount the City Manager is authorized to approve. However, given the situation at Campus Village Shopping Center there was a desire to ensure transparency.  

The City did not expect to deal with the displacement of 15 merchants at one time. This merchant is one of the first the City heard from, and the City is happy that we are able to assist. 

WORKSESSION DISCUSSIONS   

Discuss an increase in grant value for the City of College Park New Neighbors Homeownership Grant Program for qualified law enforcement personnel – Miriam Bader, Director of Planning 

Ms. Bader said that the increase is to mitigate the decrease in personnel for law enforcement.

If we reflect on the survey from the community, public safety was a concern. We do not have our own police department; we rely upon county police.  If we make this change it could help elevate public safety. 

Mr. Mirani, SGA Liaison expressed an interest in putting the homeownership program on the action agenda next week to allow for comment from students.  

 Agenda items for October 26, 2023, Four Cities meeting in New Carrollton  

The upcoming Four Cities Meeting is in direct conflict with the SGA Candidate Forum scheduled on October 26. The SGA liaisons were asked to consider scheduling the event on a different date.

Council suggested adding the following topics to the agenda: 

  • Noise Camera legislation 
  • Cannabis
  • Opioid prevention / Narcan availability 
  • Food insecurity support 

ADJOURN  

Click here to see the full agenda for the City of College Park Mayor & Council Hybrid Meeting on October 24, 2023. Tune in, show up or share your thoughts/concerns about the following Consent Agenda and Action Items, and Workshop discussions that may interest District 2 residents. Please contact us as soon as possible if you need accommodations to participate in a meeting, including language translation:

  • Approval of a letter to M-NCPPC requesting they reassess Lakeland for historic designation 
  • Ratification of Amended Ordinance 23-O-08, Amending Chapter 175, Taxation, to authorize the Mayor and Council to approve a tax credit for elderly individuals 
  • Approval of address corrections at and around Holy Redeemer Church 
  • Approval of an amendment to the City’s New Neighbors Homeownership Grant program to increase the grant to law enforcement officers
  •  Quarterly Financial Presentation 
  • Discussion of a different tax rate on vacant and blighted property 
  • Discussion of regulations prohibiting residents from providing vehicle repair services in residentially zoned neighborhoods 
  • Quarterly Strategic Plan Presentation