Mayor & City Council

MINUTES Regular Meeting and Worksession College Park City Council Tuesday, November 19, 2019 Davis Hall, 9217 51st Avenue 7:30 p.m. – 10:04 p.m. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Brennan, Dennis, Day, Rigg (arrived at 7:33 p.m.), and Kujawa. ABSENT: Councilmember Mitchell. ALSO PRESENT: Scott Somers, City Manager; Bill Gardiner, Assistant City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Brenda Alexander, Deputy Director of Public Works; Dan Alpert, Student Liaison; Julia Nikhinson, Deputy Student Liaison. Councilmember-elect Maria Mackie was also present. Mayor Wojahn opened the Regular Meeting at 7:30 p.m. ANNOUNCEMENTS: Councilmember Kabir reviewed last night’s Hollywood Streetscape meeting, and the schedule for the Hollywood Farmer’s Market. Councilmember Day announced a meeting at Berwyn Heights Town Center tomorrow on the Edmonston Road water main project. Councilmember Rigg announced the Calvert Hills Civic Association tree lighting. Councilmember Brennan announced the next Berwyn District Civic Association. He mentioned seeing a barrier placed in front of storm drains to prevent silt and debris from entering. CITY MANAGER’S REPORT: Mr. Somers discussed downtown holiday decorations, leaf season, the Breakfast with Santa event, and the City’s Thanksgiving holiday schedule. AMENDMENTS TO AND APPROVAL OF THE AGENDA: The agenda was approved without amendment (Brennan/Dennis) 7-0. PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS: Dan Alpert, Student Liaison: Mr. Alpert provided comments about the unruly social gathering law. He cited events on October 18 and October 21 related to Jewish holidays where City staff responded to complaints and the new law was cited. He said the ordinance was being misused. Mr. Somers replied that staff will look into these events and provide more information, that the noise ordinance is in effect but that the unruly social gathering law is not being enforced at this time. College Park City Council Meeting Minutes November 19, 2019 Page 2 CONSENT AGENDA: A motion was made by Councilmember Kennedy and seconded by Councilmember Day to adopt the Consent Agenda, which consisted of the following: 19-G-154 Approval of minutes of the October 1, 2019 Worksession and the October 1, 2019 Special Session. 19-R-24 Adoption of a Resolution of the Mayor and Council of the City of College Park Designating College Park, Maryland as a Bee City USA® Affiliate. The motion passed 7-0. DISCUSSION ITEMS A. Review of Tree and Landscape Board recommendations for a tree ordinance, and follow up discussion to the Tree Canopy Report presentation – Rashawna Alfred, John Lea Cox (City Forester), Christine O’Brien, Todd Reitzel, Brenda Alexander: Ms. Alexander reviewed the staff report. Ms. Alfred, Chair of the TLB, reviewed the recommendations in the “Urban Forest Protection Recommendation” report from the Tree and Landscape Board. The TLB has been working on these recommendations since the Tree Canopy Assessment report was released. She reminded everyone that residents can request reimbursement for trees from the City’s Tree Canopy Enhancement Program (TCEP). Mr. Lea Cox said many trees are declining due to age and disease. These recommendations are not intended to penalize. Some people might find the cost of replacement trees a burden which they hope to mitigate through the TCEP. Mr. Reitzel added they tried to build in flexibility to address different circumstances. Council discussion: • Did the TLB recommend targets for the tree canopy in coming years. TLB/Staff: No, there has been no discussion of canopy target goals. • Concern from residents about the City overstepping onto private property rights. TLB/Staff: this needs to be a community-wide effort. The City can’t mitigate the loss just through plantings on the right-of-way. If we don’t address what is happening on private – and commercial – property we will continue to have decline. • Need to target commercial planting as well. • How much extra work would it be on staff to implement these recommendations? TLB/Staff: Hard to tell; largely depends on the size of the tree. Takoma Park has a smaller tree size and sees 200-250 applications per year. Hyattsville has a larger tree size and sees 100 applications per year. • Difference between taking down a dying tree and taking down a healthy tree. • Replacement trees can be planted elsewhere. • Cost to take down a tree added to cost of replacement is prohibitive to many residents. • Pepco – they work with City staff on removal and replanting. TLB is leaning more toward removal and replacement of large trees because severe pruning is more stressful to the tree. • State land/UMD is exempt. • What if the City is wrong in their assessment and prohibits removal of a tree then later the tree falls, causing damage/injury? College Park City Council Meeting Minutes November 19, 2019 Page 3 • How can we mitigate expected resistance? We should develop a roll-out plan and have discussions explaining the need for this. • Should we have a canopy goal to help determine success/failure in the future? • M-NCPPC mitigation fees – they seldom come back to the City. • Can the City actually plant the tree for the resident? • Can we expand the TCEP program if a resident wants to plant more trees? • Are there any stats that show how tree ordinances in other Cities have helped preserve their tree canopies? • Would a permit be granted when someone wanted to build an addition to their house but had to remove a tree to do so? • Should the TLB hold public sessions on these recommendations? Continue to work on this, taking into account feedback heard tonight. Bring back a draft ordinance and responses to these questions for review. Hold another Worksession with TLB, then perhaps ask TLB to hold a public forum/community conversation/outreach. B. Presentation on design elements of the City Hall plaza and discussion of features meant to activate its use – Scott Veith and Brian Reitz, Design Collective architects; Katie Hearn and Bill Rowland, Redgate construction manager: Reviewed various amenities in the plaza – the lighting, variety of seating, stormwater aspect, landscape and flexibility of space. Plan is showing a lighted 24-foot wall at the edge of the plaza on the Knox Road side. It could be a water-wall. Showed a video showing different water features, including pop jets. Reviewed costs of water wall and pop jet features plus annual maintenance of each. What it would look like in the winter when the water is off? Discussion of the incorporation of public art in the plaza. What is the UMD opinion; would they share in the cost? Unknown. Some leaning toward a water wall. Some said it is a luxury but not a necessity. Question – can we make it contingent on the UMD sharing the cost? Design team said they need a decision tonight – they are finishing the drawings next week and then go to bid in December and January. There is no time to wait for this decision to keep the project on schedule. Discussion of various ways to activate this space, both with and without a water wall. Interest in focusing funds on public art instead. Some Councilmembers were concerned about voting on this tonight and committing this amount of money because there was no information in the packet and notice was not given to the residents that the Council would be voting on this tonight, so residents did not have an opportunity to comment. A motion was made by Councilmember Rigg and seconded by Councilmember Day to move forward with a water wall. Comment from the audience: Councilmember-elect Mackie asked for clarification of this motion. People in her district are concerned about the cost of the feature and the maintenance. Yes: Kennedy, Rigg, Day No: Kabir, Kujawa, Brennan, Dennis Motion fails 3-4. College Park City Council Meeting Minutes November 19, 2019 Page 4 C. Discussion of Class Action litigation on opioids: Ms. Ferguson reviewed the staff report. No action is needed to stay in the Class Action. Council would only need to act if they choose to opt out. Council did not want to take any action so will remain in the Class. D. Review of 2020 Mayor and Council meeting schedule prior to approval in December. Council reviewed 2020 schedule. No comment. To Consent Agenda on December 10. ADJOURN: A motion was made by Councilmember Rigg and seconded by Councilmember Day to adjourn the meeting. With a vote of 7-0, the regular meeting was adjourned at 10:04 p.m. _______________________________________ Janeen S. Miller, CMC Date City Clerk Approved