August | 2024 | The College Park District 2 Digest

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

Click here to watch the video of the City of College Park Mayor & Council Meeting held on August 7, 2024 when it is available. 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.

CITY MANAGER’S REPORT

Mr. Young said the city is monitoring the weather for this weekend. The Friday Night Live event scheduled for Friday, August 9 is still scheduled but the decision to go forth will be made on Thursday (The event was cancelled due to forecasted weather). There will be opportunities for the City to provide sandbags to residents who may need them.

Councilmember Mackie asked should there be a power outage if there is a place residents can store refrigerated medication. Mr. Young said the county has designated space where individuals can be referred.

ACKNOWLEDGMENTS

Former District 2 Councilmember, Bob Catlin

AMENDMENTS TO AND APPROVAL OF THE AGENDA

Councilmember Adams made a request to move 24-G-112 from the Consent agenda to allow for discussion.

Councilmember Whitney made a motion to approve the agenda as amended, seconded by Mayor Pro Tem Mitchell

PRESENTATION: Quarterly Financial Report Presentation and Review of FY2024 Encumbrances for a possible FY2025 Budget Amendment – Gary Fields, Director of Finance

The budget includes a line item of $609,392 which represents FY23 surplus; it is not new revenue. The Admissions and Amusement Tax has yet to come in, but we are expecting it. On the expense side, we are at about 90% of the budget.

Mayor and Council budget is down, the $300,000 for the housing grant has yet to be spent, the former director of planning retired before the end of the previous fiscal year.

Councilmember Adams- asked about the differential of the Amusement Tax rate. Mr. Fields said this tax revenue comes from the state. If it comes prior to August 31, 2024, we could accrue the revenue to FY24, which would add to the surplus. After that, it would count toward FY25 revenue and would either default to reserve funds or Council could do budget amendment. The biggest part of this tax revenue is UMD football and the golf courses.

Councilmember Hernandez asked if Council could do anything to obtain the revenue sooner. Mr. Fields said his preference would be to allow staff to work out any issues.

According to Mr. Fields, there is no need or desire to spend this surplus down. He provided definitions for surplus, deficit, and fund balance. He went on to explain that during year-end closing, any surplus is added to the fund balance.

Mr. Fields said that as of August 7, we have total revenue of $24,185,315 and expenditures and transfers of $22,203,512 leaving an unaudited surplus of $1,981,803.

Encumbrances are funds that have already been allocated and approved by the council but not yet spent. He spoke of business retention grants including those to Taqueria Habanero, Virtual X Kitchen, and Pho Tom. He included an anticipated expenditure (if approved) of $100,000 to NW Chinese. The hypothetical FY24 surplus is currently $1,290,677.

Mayor Pro Tem Mitchell asked how many months of fund balance or reserves we should have. According to Mr. Field, the rule of thumb is that a city, depending upon its size, would be 3 months of reserve. We are at 36-37 %. A growing city needs more reserves. Additional fund balance is good to have.

CONSENT AGENDA

24-G-110 Approval of a Request for a Driveway Apron Variance for a Double wide Concrete Curb-Cut and Driveway Apron at 4910 Iroquois Street contingent upon owner entering into a Declaration of Covenants – Steve Halpern, City Engineer and Stephanie Anderson, City Attorney

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 – Steve Halpern, City Engineer and Stephanie Anderson, City Attorney

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 – Rakhmel Rafi, Grants Coordinator

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 – Rakhmel

24-G-115 Approval of the July 9, 2024, and July 16, 2024, Mayor and Council meetings.

Councilmember Adams made a motion to approve the Consent Agenda, seconded by Councilmember Hernandez. The Consent Agenda was unanimously approved.

PUBLIC HEARING AND POSSIBLE ACTION:

ORDINANCE 24-O-03: An Ordinance of the Mayor and Council of the City of College Park Amending City Code 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.

Mr. Khokhar, Director of Public Services, provided an overview of the existing ordinance and the changes made to address ongoing challenges. He concluded his comments by saying the options are to either adopt, adopt with amendment, or to not adopt.

Mr. Phil Aaronson, College Park resident who has lived in the city for 45 years. He said for the past 7-8 years he has lived near a serial noise violator. They throw events with loud music, children yelling, and people talking. Typically, when code enforcement arrives, they turn down the music until they are gone. He has called other neighbors who are adversely affected, but they will not sign on to be the second person to complain since they fear retaliation. He asked that this portion of the code be changed to allow one person to file a complaint.

Mayor Kabir asked Mr. Khokhar to confirm that the part of the code requiring two complaints has been amended. Mr. Khokhar confirmed the amendments include a shift of reporting complaint to allow for one person to file a complaint.

Councilmember Adams made the motion to approve the amendments, seconded by Councilmember Esters.

Councilmember Adams said he appreciated the work that has been done to address issues we have been dealing with for a while.

Councilmember Mackie read comments from a member of the Noise Control Board in support of the amendments.

Councilmember Hew asked about the change to require only one person to report a noise complaint and expressed his concerns.

Councilmember Hernandez also shared concerns about one person being allowed submit a noise complaint, but referenced his understanding that a variety of factors will be considered before the board renders a decision.

The ordinance was passed with a vote of 5-1 (One Councilmember was absent and another was away from the dais when the vote occurred.)

ACTION ITEMS

24-G-112 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 – Jacob Vassalotti, GIS Coordinator and Steven E. Halpern, City Engineer

City staff noted concerns with high speed and identified this intersection as having the highest number of pedestrian accidents in the city. They said measures will be taken to increase visibility and improve the crosswalks for pedestrian safety,

Councilmember Adams thanked staff for their great work and for the residents and students who brought this issue forward. He asked for a definition of a sidewalk paddle. Mr. Vassalotti said It is a flex post that includes messaging about stopping for pedestrian and referenced an existing sidewalk paddle on Berwyn Road. Mr. Vassalotti said by Union at Knox, there is a hardened curb extension and at Terrapin Row and Knox Road flex posts will be added. In the area near the College Park Towers, it is to be developed and there have already been conversations about added extensions and flex posts at Hartwick. The end goal is to have uniform improvements at both sides of the intersection. Councilmember Adams asked about any interim adjustments at Hartwick prior to development. Mr. Vassalotti said there would need to be sidewalk reconstruction to make improvements. Councilmember Adams said he would encourage City staff to look at the area immediately to identify a location for a crosswalk. He expressed concern about vehicles parking in the bike lanes on Knox and asked that flex posts be considered instead of paint.

Councilmember Esters acknowledged Councilmember Adams comments and said she participated in the walk when these challenges were discussed and appreciated the work being done to address these issues. She mentioned the importance of the safety walk and the collaboration to respond to expressed concerns.

Councilmember Mackie asked about the addition of flashing lights that can assist students who are often out at night walking in the area.

Councilmember Whitney agreed with Councilmember Mackie’s comments about the benefit of additional lights and referenced a new motion-sensor light at Pierce Street and the Rhode Island Ave.

Councilmember Adams made the motion, seconded by Councilmember Esters.

SGA Liaison, Ms. Otte said the issue greatly impacts students. There are a number of students who live in the area. Ms. Otte also said that students are interested in protected bike lanes.

Akash B, UMD student, RSA rep – said he appreciated the changes but asked for curb extensions. He said parking in the bike lanes has been an issue and that other obstacles have been in bike lanes. He said he would like to see a physical barrier. He reiterated struggles on Hartwick Road and asked for suggestions from Councilmember Adams to be implemented.

Councilmember Adams stressed his suggestion of looking at safety issues on the service road. The vote to approve agenda item was unanimous.

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 – Jatinder Khokhar, Director of Public Services and Nate Forman, City Attorney (Public Hearing to be held on September 10)

Mr. Jim Miller, Parking Enforcement Manager, said newly constructed mix-use developments have led to more demand for parking. The city constructed the Downtown Parking Garage in response to earlier parking demands, but it has been underutilized beyond UMD sporting events and prior usage by construction workers. Before December 2021, the city had a monthly permit parking program, but it was repealed to accommodate City and University of Maryland employee parking. Since then, downtown businesses have requested a monthly parking program to help meet the parking needs of their employees, and staff has determined it is possible to do so while still providing sufficient parking for those working at City Hall.

Mr. Miller said there has been an increase in need for downtown employees. Approving this would provide a minimum of 25 parking permits and a maximum of 75. These numbers would be in alignment with the program that existed before the building of the new city hall.

Councilmember Esters asked about the overall capacity of the garage and the average usage. Mr. Miller said the garage is normally 70-85% empty and there are 388 spaces. He said we have not seen the garage at or near capacity beyond UMD sporting events.

Councilmember Hernandez asked about the permit time frame for the proposed program aligns with residential permit parking and whether it benefits the City to put the program in place. Mr. Miller said these permits would be monthly whereas residential permits are annual. Mr. Young said we are working to fill downtown spaces, and they are looking for parking to be near their establishments. He said the program would help fill commercial spaces and build more revenue to pay off the garage sooner.

Councilmember Whitney asked if the program would make parking more difficult for residents attending Friday Night Live events. Mr. Miller said that ample parking typically remains during those events, which they’ve found many residents are able to attend without driving.

Mayor Pro Tem Mitchell – made the motion, seconded by Councilmember Hew. The Public Hearing will be held on September 10.

24-G-116 Consideration of a Property Use Agreement for The Greene Turtle opening at College Park Shopping Center, 7370 Baltimore Avenue– Stephanie Anderson, City Attorney

Ms. Anderson said the application for the license will be heard on August 27, 2024, and she has negotiated a property use agreement.

Councilmember Whitney asked what percentage of the sales food versus alcohol are at their Towson, Baltimore and Columbia locations. Michael Wells said every location is a bit different, but on average it is 70% food-30% alcohol. Councilmember Whitney asked for the averages specific to the Towson location, which is also near a college campus. Mr. Wells said 60% food and 40% alcohol at that location. She asked if he anticipated challenges adhering to the 35% limit, and he said he did not.

Councilmember Mackie asked to confirm that the location will not have on-site gambling (it will not).

David Mister, attorney – said the Green Turtle, which has name recognition in the area, will be a good neighbor.

Councilmember Esters asked the developer to talk about their interest in coming to College Park. Mr. Wells said they have always had an interest in coming back to the area after ending their lease in Laurel 12 years ago. They are on a growth path they haven’t been on in years. Mr. Mister said he is proud to be on the UMD Alumni Association and believes Greene Turtle will be an asset to College Park.

Tom Finn, Vice President at that Green Turtle – said he was at the forefront of looking for a space for years. They are excited about coming back to the area. They are among one of the most well-known restaurants in the state. There is a link between UMD and the Green Turtle. They see the students and permanent residents as patrons.

Mayor Kabir asked when they expect to open. Mr. Wells said they anticipate opening in late September.

24-G-117 Approval of Parameters/Guidelines for the City’s Business Retention and Attraction fund – Michael Williams, Director of Economic Development

Mr. Williams said his office drafted guidelines for criteria and funding guidance to ensure that grants are awarded in a fair and equitable manner. He said he would like to keep the program nimble to allow for response to market conditions.

Mayor Pro Tem Mitchell asked if the application was legally sufficient. Ms. Anderson said we can add more protections to ensure they meet the criteria and include remedies for violations if needed.

Councilmember Whitney suggested that the grant amount be increased to allow up to $30,000 to allow the city to be nimble. Also suggested that there be a 5-year requirement for recipients to remain in the city.

Councilmember Hernandez asked if $15,000 is enough to attract and retain business. How do we score/rate the businesses? Mr. Williams said there are a number of factors considered like financial wherewithal and desirability. Councilmember Hernandez asked for consideration for the types of businesses that receive the grant. He asked about the consequences if businesses to did not meet their obligation. Mr. Williams said we have yet to broach that issue, but we are constantly monitoring.

Councilmember Adams said decisions for grants are not made overnight and asked for two rounds of applications to help with decision-making, rather than a year-round application window.

Mr. Young said none of the successful economic development grant programs he has worked with have functioned in the manner described by Councilmember Adams. We also have to consider how much money a business has to contribute.

Councilmember Mackie said she appreciated the work of the Council and the reports from Mr. Williams. She believes we should have categories of what we would like to see come to the city. She would like to see the program expand and noted we have a shortage of daycare.

Councilmembers Esters said we are only talking about $200,000, and the more money we give the less awards we are able to give. We should increase the amount of the awards, but we need to be mindful. We should consider the economic development plan to determine what we do and possibly offer a premium for those who want to develop in other parts of the city (i.e., Hollywood, Branchville).

Mayor Pro Tem Mitchell said we need to expand the program and work with the county.

Mr. Young said we are currently working on 3-4 projects that will cost more money than what we have in place now.

Mayor Kabir said we should revisit the idea of offering lower interest loans.

Councilmember Adams mentioned the total investment. The city is a portion of the investment. We would rely upon the city manager and the director of economic development. He still does not want to constrain awards. He suggested that we focus providing a percentage of “skin in the game.”

Councilmember Whitney said she liked the idea shared by Mr. Adams of expressing the grant limit as a percentage of the total investment the owner is making to open or relocate in the city. She also said she did not feel what was proposed by Virtual X kitchen was an expansion as opposed to an opportunity incubate or provide flex space to other businesses.

No motion was made. The item will come back to Mayor & Council as an action item with the suggested revisions in place.

WORKSESSION DISCUSSIONS

A. Status update and discussion of the ARPA Allocation Fund and Lost Revenue Recovery Funds – Gary Fields, Director of Finance

The auditors suggest using any leftover Lost Revenue Recovery funds be put toward employee salary and benefits dollars, which is a compliant use for those funds.

Councilmember Adams – There was an ARPA allocation for a Calvert Hills attenuation study which was estimated at over $400,000. He suggested we use that $400,000 for Duvall Field’s stormwater attenuation instead since the go live date for that project is more definite. He wondered if doing so would free up funds that could be put toward Calvert Hills but would not have to be encumbered and spent according to ARPA deadlines. Mr. Young will work with Mr. Field to understand what the Bond Bill covenants say.

Mayor Pro Tem Mitchell – supports the Calvert Hills project for storm water management. Asked that storm water management be considered as a whole, as it is an issue throughout the city.

Councilmember Mackie – appreciated the explanations related to funding use. Asked if there is an opportunity to fund food service organizations.

Councilmember Adams asked if we cannot utilize the money can we pre-allocate money for food services. Mr. Young said we can. Mr. Young said the City has also reached out to the Housing Authority to understand their needs; we should have a game plan in place. Councilmember Adams asked if we were at a point where we could not meet the need for salary and benefits. Mr. Fields explained we do not have a shortfall in paying obligations to our employees. The referenced change would just make those payments with Lost Revenue funds instead of via the typical allocation.

Councilmember Whitney made a distinction between obligation versus allocation = if we were to use it for food service organizations we would need to make that donation up front. She suggested that for Care Solace, we could possibly obligate funds through a two-year contract and pay annually versus a up front.

Mr. Fields said if necessary, he would get input from Council about how the funds would be used.

Councilmember Hew asked for an explanation of the use of funds for Duvall Field. Mr. Field explained the city took out a Bond Bill for City Hall and Duvall Field.

REQUESTS FOR / STATUS OF FUTURE AGENDA ITEMS

Councilmember Adams made a motion to submit a letter to SHA to request protected bike lanes along the reconstructed sections of Baltimore Ave, seconded by Councilmember Whitney.

COMMENTS FROM THE MAYOR, COUNCIL, STUDENT LIAISON OR CITY MANAGER

Councilmember Mackie – mentioned that she and Councilmember Whitney attended a recent Chesapeake Water Policy Committee Meeting.

Mayor Pro Tem Mitchell – attended recent COG Retreat in Cambridge, MD

Mayor Kabir – he and Councilmember Riggs attended a recent COG Region 4 meeting.

Councilmember Whitney mentioned concerns about the newly painted bike lanes. Some of the grates are not placed safely. The City Engineer has reached out to SHA. She recently attended the recent Four Cities meeting where attendees discussed bike lanes, U-turn light, and LED lights with SHA representatives.

Councilmember Hew – attending MML symposium on housing.

Councilmember Hernandez – school is about to begin and there are opportunities to get discounted supplies.

Mayor Pro Tem Mitchell – PGCPS students must be registered to ensure they are picked up by school transportation. If there are questions, parents should speak to their school secretary.

Mr. Young encouraged residents to complete the survey for Metro called DMV Moves.

MEETING ADJOURNED

Click here to see the full agenda for the City of College Park Mayor & Council Hybrid Meeting on September 10, 2024, when it is available. Tune in, show up or share your thoughts/concerns about the following anticipated Consent Agenda and Action Items, and Workshop discussions proposed to be on the agenda 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:

Action: 06-04-24: Introduction of an Ordinance to amend City Code Chapter 119-9 Fees and waivers, to conform the City Code with operational practice regarding when the payment of the refuse collection fee for a rental property must be paid – Tracey Clayton, Finance Office Manager and Stephanie Anderson, City Attorney (Public Hearing and Adoption on September 24)

24-O-04: Introduction of an Ordinance to amend City Code Chapter 110 and 151 regarding monthly permits in the downtown parking garage – Jatinder Khokhar, Director of Public Services and Nate Forman, City Attorney (Public Hearing and Adoption on September 24)

Discussion: Report from Vacant and Blighted Property Tax Committee – Miriam Bader, Director of Planning

Presentation from the College Park Here & Now Newspaper (Streetcar Suburbs Publishing) on their new strategic plan – Marta McLellan Ross, SSP Board President