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Mayor & City Council

Regular Meeting

College Park, MD · June 8, 2021

AgendaMinutes

Minutes

WORKSESSION MINUTES College Park City Council Tuesday, June 8, 2021 7:30 p.m. – 10:09 p.m. Due to the COVID-19 Pandemic, this was a Virtual Meeting. PRESENT: Mayor Wojahn; Councilmembers Kabir, Kennedy, Dennis, Esters, Day, Rigg, Mitchell (arrived at 7:39 p.m.), and Mackie. ABSENT: None. ALSO PRESENT: Bill Gardiner, Interim City Manager; Janeen S. Miller, City Clerk; Suellen Ferguson, City Attorney; Terry Schum, Director of Planning; Bob Ryan, Director of Public Services; Kiaisha Barber, Director of Youth, Family and Senior Services; Katie Hart, Community Development Planner; Steve Halpern, City Engineer; Teresa Way-Pezzuti, Director of Human Resources; Megha Sevalia, Student Liaison; Hayden Renaghan, Deputy Student Liaison. Mayor Wojahn opened the Virtual Worksession at 7:30 p.m. and welcomed the new Student Liaison and Deputy Student Liaison. City Manager’s Report: Mr. Gardiner announced free summer parking in the downtown parking garage; the Jack Perry Award nomination period is open; two meetings next week: Duvall Field Design Meeting on Wednesday June 16 and a mosquito workshop on Thursday June 17; and the upcoming Pollinator Week activities sponsored by the Bee City USA Committee. Amendments to /Approval of Agenda: Motion by Councilmember Esters, second by Councilmember Rigg, to approve the agenda as presented, passed 7-0. Proclamations: Mayor Wojahn read the Proclamations for PRIDE Month and for Immigrant Heritage Month. Lakeland S.T.A.R.s Presentation: Jeany Cadet, Director of the Lakeland S.T.A.R.s program for the University of Maryland, described the program and the adjustments that were needed this past year due to COVID restrictions. She introduced the tutors who gave a presentation on their activities. This is their 24th year. They had 50 Paint Branch students in the program this year. College Park Worksession Minutes June 8, 2021 Page 2 Discussion items: 1. Proposed projects for the City’s Program Open Space (POS) allocation for FY ’22: Ms. Schum and Ms. Hart provided an overview of Program Open Space and reviewed the status of the City’s current projects. Program Open Space is a state of Maryland program funded by real estate transfer taxes; as such, allocations fluctuate each year. Funds may be used for acquisition or development, depending on state guidelines. When you acquire property using POS funds, you agree to keep the property as open space in perpetuity. Acquisition (can use 100% of funds without a match):  $77,000 that was leftover from Hollywood Gateway Park and College Park Woods Swim Club can be reprogrammed.  $150,000 from the Sentinel Sanctuary Swamp can come back into the pot for reuse.  The neighborhood category is used to accumulate funds; unused amount is $640,000.  Total unallocated funding for acquisition is $867,000, not including this year’s allocation. Development Projects (requires 25% match of City funds):  $75,000 not used for Duvall Field is available.  The Hollywood wellness trail, part of Hollywood Streetscape, can be funded through POS.  Total unallocated funding of $171,000 available for reprogramming. Options: 1. Use Entire allocation of past and present is $1.327M for acquisition. 2. Use $459,497 for development and $867,681 for acquisition Possible properties previously discussed for acquisition: 4700 Edgewood Road; Washington Post property; Branchville Road; Roanoke Place. Also Phase 2 of the College Park Woods property. Deadline for submitting annual program is June 18 but we can reprogram it later. Councilmember Kennedy would like to see priorities framed within the Strategic Plan. She supports projects already on the books: fitness trail, sanctuary swamp and College Park Woods property. Councilmember Rigg supports the sanctuary swamp. Councilmember Kabir would like staff to hold a listening session with the community on acquisition projects. Councilmember Mitchell supports the College Park Woods property, the District 3 request, and hopes the Strategic Plan can guide the staff’s recommendations. Councilmember Esters said community members have expressed interest in the acquisition of 5100 Roanoke, and supports the D 3 and D 4 requests. College Park Worksession Minutes June 8, 2021 Page 3 Councilmember Mackie supports the D 4 and D 3 requests and 5100 Roanoke. She would hate for us to leave money on the table and supports any potential to increase our tree canopy or plant pollinators (acquisition over development). Councilmember Dennis supports Roanoke Place and Washington Post properties for acquisition. Mayor Wojahn summarized: Roanoke Place and Washington Post properties for acquisition funds. Sentinel Swamp, Hollywood Wellness Trail, and College Park Woods Property for development funds. Ms. Schum said this is a first step. There will be much more discussion. 2. Discussion of whether to accept jurisdiction of Wake Forest Path AND discussion of policy regarding dedicated rights-of-way Mr. Gardiner described the Wake Forest path. The City has not accepted this Right-Of-Way (ROW) so we have never maintained it. He reviewed the 2003 policy. The owners are only requesting that the City take care of the tree, but our policy isn’t clear on this type of situation. Tree work estimated between $2,000-$3,000. The City could take care of the tree trimming if the property owners petition to take over the ROW. Or, the City could accept and maintain the ROW. Ms. Ferguson added that generally if the City does not accept jurisdiction of a ROW, it would not maintain it. Councilmember Rigg described this as a narrow strip of undeeded land not owned or controlled by anyone. Sometimes the land is used by adjoining property owners, sometimes not. Our current policy does not address this circumstance. We can address this one narrow question about this tree tonight, or more broadly assume maintenance of trees on all of these undeeded strips of land, or do nothing. The adjoining property owners are not interested in acquiring the property. If there were a path there, would it be a useful public amenity? Staff has indicated it would be difficult to keep it as an accessible public path. Mayor Wojahn said there are different fact patterns in each case and asked if the staff recommendation been discussed with the residents? Mr. Gardiner said it has not been presented formally; we wanted this input first. Councilmember Rigg would like the City to engage with property owners regarding the staff recommendation to pay for tree maintenance in exchange for the property owners to petition to abandon ROW, since there is no encroachment in this case. Request future Worksession on ways to handle situations (like this) that aren’t addressed in the current policy. Dust off the 2002 list of properties and update it to develop a comprehensive list. College Park Worksession Minutes June 8, 2021 Page 4 3. Discussion of the County’s School Facilities Surcharge: The criteria the City Council should use in evaluating whether to recommend a waiver of the surcharge to the County has been provided in the state law: it is whether the project supports the University District Vision. Can we attach a public benefit condition to our own City Revitalization Tax Credit? We have more scope in this program. Ms. Schum reviewed our current eligibility criteria, some of which are public benefits; these can be amended and expanded upon. Does Council want to be in the position of making a recommendation to the County on the School Facility Surcharge? How much weight does our recommendation have with the County? What would happen if the City did not make a recommendation? Explore further. 4. Requests for/Status of Future Agenda Items-  New item requested by Councilmembers Mitchell/Mackie: review of City streets where emergency vehicles are not able to get through because of parked cars on both sides of the street - parking restrictions may be needed. Councilmember Mitchell will do the form. 5. Mayor and Councilmember Comments:  Upcoming Community police meetings  June 15 meeting about Paint Branch Golf Course at the CP Airport  Juneteenth event at UMD  Pride event on Saturday in Mt. Ranier  MML Conference later this month and virtual event in July 6. Adjourn into a Closed Session: A motion was made by Councilmember Kennedy and seconded by Councilmember Esters to adjourn the Worksession and enter into a Closed Session. Mayor Wojahn read the Closing Statement: Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Art. § 3-305(b), the Mayor and Council of the City of College Park are providing notice that they will meet in a closed session after the Worksession to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. The Mayor and Council will review appointments to advisory boards and the College Park City University Partnership, and discuss a personnel matter. The Mayor and Council will not return to public session after the closed session ends. The motion passed 8-0 and the Worksession was adjourned at 10:09 p.m. ___________________________________ Janeen S. Miller Date City Clerk Approved

Agenda

City of College Park Virtual Meeting Instructions This will be a Zoom virtual meeting. The link is: https://zoom.us/j/92398574069?pwd=MlU3dFB3OG9TZnBQT242R1lsK3RNQT09 Zoom Webinar ID: 923 9857 4069 Zoom Webinar Password: CPjoinMCM A few minutes before the meeting begins 1. To join the meeting by computer or mobile device: • Click on the Zoom link above • If this is the first time you have joined a Zoom meeting and you do not get the prompt to “Open Zoom Meetings”, you will need to click the download & run Zoom link on the page you were taken to. Clicking the link will allow you to install the Zoom app on your device. • If you get the prompt to “Open Zoom Meetings”, click it to join the webinar. 2. To join the meeting by telephone: • Dial 301-715-8592 • Enter Meeting ID: 923 9857 4069, then press # • There is no Participant ID. Just press # • Enter Meeting Password: 419048, then press # As an Attendee Joining a College Park Zoom webinar as an attendee will allow you to watch and listen to the webinar. Attendees can also use the Raise Hand button when the meeting is open for public comment. If the Host unmutes an attendee, that attendee will be able to speak to the webinar until they are muted again. As an attendee, you will not have access to any other functions. On the next screen, enter your email address and name, then click the “Join Webinar” button. 1 001 Uncheck the box next to “Remember my name for future meetings” if you do not want to automatically join subsequent Zoom meetings using the same information. If the webinar is in the pre-meeting “Practice” mode and has not started to broadcast, you will get the following screen. Once the webinar starts broadcasting, you will be taken into the webinar (see the next screenshot below.) Note the “Raise Hand” Control in the lower part of the Zoom window. If the controls are not showing, hover your mouse pointer over the Zoom window and the controls will immediately appear. 2 002 When the webinar is opened for public comment, you can click the “Raise Hand” control so that the Host will know that you would like to speak. When it’s your turn to speak, you will be called upon to speak and you will get the following prompt: Click the Unmute button to speak to the webinar and all the participants will be able to hear you. While you are granted the option to speak, notice the microphone control that will appear at the lower-left corner of your Zoom window. Clicking that control will allow you to unmute and mute yourself. After the Host has stopped the option to speak, the microphone control will disappear and you will not be able to speak to the webinar. 3 003 Guidelines and Best Practices for participation 1. Please keep yourself on “mute” to eliminate background noise. 2. A high-speed, wired internet connection will provide the best results. 3. We recommend that you close other applications on your device to preserve bandwidth. 4. If you will be speaking, we suggest using a headset with microphone for best results. 5. For public comment portions of the meeting, please unmute yourself when prompted by the Mayor, and remember to re-mute yourself when you are finished. Please eliminate as much background noise as possible when you are speaking. 6. Please state your name and whether you are a College Park resident when you begin your testimony. Speakers are given 3 minutes. 4 004 TUESDAY, JUNE 8, 2021 CITY OF COLLEGE PARK *VIRTUAL MEETING* Please check meeting notice and City calendar for participant information WORKSESSION AGENDA 7:30 P.M. (There will be a Closed Session following the meeting.) COLLEGE PARK MISSION We provide excellent services, transparent and inclusive governance, and advocate for our residents to enhance the quality of life for our diverse community. Time Item Staff/Council 7:30 Call To Order City Manager’s Report Amendments To And Approval Of The Agenda 1 Proclamation for PRIDE Month 2 Proclamation for Immigrant Heritage Month Kiaisha Barber, Director of Youth, 7:45 3 Lakeland S.T.A.R.S. Presentation (20) Family and Senior Services 8:05 4 Proposed projects for the City’s Program Open Space Terry Schum, allocation for FY ’22 (20) Director of Planning Discussion of whether to accept jurisdiction of Wake Forest Steve Halpern, 8:25 5 Path AND discussion of policy regarding dedicated rights-of- City Engineer way (30) Bill Gardiner, 8:55 6 Discussion of the County’s School Facilities Surcharge (30) Interim City Manager 005 1 9:25 7 Requests for/Status of Future Agenda Items Mayor and Council 9:30 8 Mayor and Councilmember Comments Mayor and Council Bill Gardiner, 9:35 9 City Manager's Comments Interim City Manager 9:40 10 Adjourn Closed Session After The Meeting Pursuant to the statutory authority of the Maryland Annotated Code, General Provisions Art. § 3-305(b), the Mayor and Council of the City of College Park are providing notice that they will meet in a closed session after the Worksession to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals. The Mayor and Council will review appointments to advisory boards and the College Park City University Partnership, and discuss a personnel matter. The Mayor and Council will not return to public session after the closed session ends. In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office and describe the assistance that is necessary. This agenda is subject to change. Agenda times are estimates only. For the most current information, please contact the City Clerk at 240-487-3501. 006 2 1 PROCLAMATION PRIDE Month 007 CITY OF COLLEGE PARK PROCLAMATION LGBTQ+ PRIDE MONTH JUNE 2021 WHEREAS, this nation was founded upon the principles that every person is created equal, that each has the right to life, liberty and the pursuit of happiness, and that each shall be accorded the full recognition and protection of law; and WHEREAS, the ongoing struggle for dignity and equality for lesbian, gay, bisexual, transgender, queer and questioning (LGBTQ+) people is reflected in the tireless dedication of advocates and allies who strive to forge a more inclusive society; and WHEREAS, President Bill Clinton, on June 2, 2000, declared June “Gay & Lesbian Pride Month” to commemorate the June 1969 Stonewall Uprising in Lower Manhattan; and WHEREAS, on June 1, 2009, President Barack Obama further expanded the commemoration by declaring June to be Lesbian, Gay, Bisexual and Transgender Pride Month; and WHEREAS, Pride Month is a time to recognize and celebrate the impact of LGBTQ+ individuals locally, nationally, and internationally; and WHEREAS, we believe that our community is strengthened by the rich diversity of our residents, and that LGBTQ+ residents and visitors should feel valued, safe, empowered, and supported by their peers, educators, and community leaders; and WHEREAS, it is essential that our LGBTQ+ youth be accorded the freedom to be themselves without fear, and live free from reprisal, discrimination or bullying; and WHEREAS, the United States Supreme Court decision of 2015 guaranteeing marriage equality in all 50 States was a historic victory for LGBTQ+ Americans; and WHEREAS, on June 15, 2020, the United States Supreme Court extended protections to the LGBTQ+ community by ruling that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “because of sex,” includes protections for gay and transgender employees. NOW, THEREFORE, I, Patrick L. Wojahn, as Mayor of the City of College Park, proclaim June as Pride Month in College Park, and encourage our community to eliminate prejudice wherever it exists, to celebrate our great diversity, and to actively promote the principles of equality, liberty and justice for all. SO PROCLAIMED THIS 8th DAY OF JUNE , 2021. _____________________________________ Patrick L. Wojahn, Mayor City of College Park, Maryland 008 2 PROCLAMATION Immigrant Heritage Month 009 City of College Park Proclamation Immigrant Heritage Month June 2021 WHEREAS, generations of immigrants from every corner of the globe have built our country’s economy and created the unique character of our nation; and WHEREAS, immigrants continue to grow businesses, strengthen our economy, and create jobs in College Park and around the nation; and WHEREAS, immigrants have provided the United States with unique social and cultural influences, fundamentally enriching the extraordinary fabric of our nation; and WHEREAS, immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity, but have also campaigned to create a fairer and more just society for all Americans; and WHEREAS, it is important to shed light on the valuable role generations of immigrants have played in building and enriching our nation. NOW, THEREFORE, I, Patrick L. Wojahn, as Mayor of the City of College Park, do hereby proclaim that June 2021 is designated as "Immigrant Heritage Month” in the City of College Park, and encourage all residents to embrace the significant contributions of our immigrant population. SO PROCLAIMED THIS 8TH DAY OF JUNE , 2021. ___________________________________ Patrick L. Wojahn, Mayor City of College Park, Maryland 010 3 PRESENTATION Lakeland S.T.A.R.S. 011 Presentation on the 2020-2021 Lakeland STARs program to College Park Mayor and Council June 8, 2021 The Lakeland STARs (Students Taking Active Responsibility) program is an after-school program providing individualized tutoring/mentoring services for approximately 60 Paint Branch Elementary School students by the University of Maryland/College Park Scholars and the City of College Park Youth and Family Services. The City of College Park performs administrative and transportation functions and hires two school staff who know the children and help monitor behavior for this after school program. The University of Maryland/College Park Scholars program also provides administrative functions as well as UMD Coordinators, tutors and day-to- day activities. This school year, for the first time in its history, the program has been 100% virtual. More information on this partnership can be found at: https://scholars-d8.umd.edu/student-organizations/lakeland-stars The Lakeland STARs program will begin its 25th year during the 2021-2022 school year. 012 4 Proposed Projects for the City’s Program Open Space Allocation for FY’22 013 CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Katie Hart Meeting Date: 06/08/2021 Community Development Planner Terry Schum, Planning Director Presented By: Katie Hart Proposed Consent: N/A Terry Schum Originating Department: Planning and Community Development Issue Before Council: Proposed Projects for FY 2022 Program Open Space (POS) Allocation Strategic Plan Objective: Objective 3: Preserve and enrich our environment and natural beauty to attract people and sustain our City’s future. Background/Justification: The City of College Park received notice of an allocation of $288,975.77 for FY2022 POS funding. While a 50/50 split between acquisition and development is typically required, this year we were advised that our entire FY2022 allocation can be used for development projects. Program Open Space requires a 25% cash match for development projects and no required match for acquisition projects. An Annual Program must be submitted and accepted by the Parks and Recreation Department of the M-NCPPC prior to applying to the State Board of Public Works to encumber funds for specific projects. The Annual Program is due June 18, 2021. Last year’s Annual Program (Attachment 1) shows the current allocation of funds. For acquisition projects, the Hollywood Gateway Park Expansion and College Park Woods Swim Club have been completed and have unused allocations totaling $76,914. The Sentinel Swamp Sanctuary property has been confirmed to be in City right-of-way making acquisition unnecessary, saving $150,000. The remaining project is called Neighborhood Open Space Acquisition, which is a “holding” category until specific sites are identified. There is $640,773.90 available for this project. The total existing acquisition allocation available including the unused and reprogrammed funding and excluding this year’s allocation $867,687.90. For development projects, Duvall Field Renovation (Phase 1) and Hollywood Gateway Park are completed, leaving only the Hollywood Wellness Trail funded for $94,712. An additional $75,802.39 is available from unspent and reverted funds from Duvall Field, bringing the total existing development allocation available, excluding this year’s allocation, to $170,514.39. Council input is needed to determine how to utilize and prioritize our POS allocations going forward. Last year staff presented 3 properties to be considered for purchase, but none were selected: 4700 Edgewood Road, Branchville Road and 5100 Roanoke Place. Recently, contact was made with the owner of 8807 and 8811 Rhode Island Avenue, also known as the Washington Post properties, who indicated an interest in selling. Properties acquired with POS funds must remain as parks, recreation use or open space in perpetuity. Property could also be used for planting trees to increase the City’s tree canopy coverage. The 4700 Edgewood Road and the Rhode Island Avenue properties have some potential for development, but the others do not. Possible new projects for development include design and construction of improvements at the Sentinel Swamp Sanctuary and the College Park Swim Club property. Staff recommends prioritizing POS acquisition to encumber fund allocations dating back to FY 2008. Funds 014 not encumbered for specific projects and approved by the Maryland Board of Public Works risk being recaptured by the State. Staff also recommends that Duvall Field reverted funds ($75,809.39) be placed in a Phase 2 Duvall renovation project. These funds would supplement City CIP funding, if needed. Consideration might also be given to the design and construction of improvements at the Sentinel Swamp Sanctuary and the College Park Swim Club property. In total, the City has $1,327,178.06 available in past and current POS allocations, all of which could be used for acquisition projects, and up to $459,497.16 for development projects. Fiscal Impact: Acquisition projects are 100% funded under POS and development projects require a 25% cash match of City funds. Council Options: 1. Use entire allocation (past and present) for acquisition projects ($1,327,178.06). 2. Use $459,497.16 for development projects and the balance of $867,681.06 for acquisition projects. Development allocations could be distributed as follows: retain funds for Hollywood Fitness Trail ($94,712), establish a Phase 2 Duvall Field renovation project (use $75,809.39 of reverted funds), establish a new Sentinel Swamp Sanctuary design and construction project ($150,000), establish a new design and construction project for the College Park Woods Swim Club property ($138,975.77). 3. Allocate funding in different amounts or to other projects. Staff Recommendation: This item is for Council discussion. Recommended Motion: N/A Attachments: 1. FY 2021 Annual Program 2 015 PROPOSED PROGRAM OPEN SPACE ANNUAL PROGRAM FOR DEVELOPMENT FISCAL YEAR 2021 Development Projects Source of Funds Sponsor Project Name of Project Description Year Federal Local State Total ID (required) City of College D-CP1 Duvall Field Duvall Field Renovation FY 15-19 -0- -0- -0- -0- Park FY 20 -0- $43,624 $130,873 $174,497 FY 21 -0- -0- -0- -0- TOTAL -0- $43,624 $130,873 $174,497 D-CP2 Hollywood Design and Construction FY 14-16 -0- $109,418 $328,257 $437,675 Gateway Park of Hollywood Gateway Park FY 17 -0- -0- -0- -0- FY 18 -0- $65,600 $196,800 $262,400 FY 19 -0- $48,186 $144,560 $192,746 FY 20-21 -0- -0- -0- -0- TOTAL -0- $223,204 $669,617 $892,821 D-CP3 Hollywood Design and Construction FY 17 -0- $31,571 $94,712 $126,283 Wellness Trail of Hollywood Wellness Trail FY 18-19 -0- -0- -0- -0- FY 20-21 -0- -0- -0- -0- TOTAL -0- $31,571 $94,712 $126,283 016 PROPOSED PROGRAM OPEN SPACE ANNUAL PROGRAM FOR ACQUISITION FISCAL YEAR 2021 Acquisition Projects Annual Program Source of Funds for Annual Program Sponsor Project Name of Year Ultimate Acreage Cost Local State Federal ID Project Park Acreage City of A-CP1 Neighborhood FY 07 TBD TBD -0- -0- -0- -0- College Open Space FY 08 $87,271 -0- $87,271 -0- Park Acquisition FY 09 $38,300 -0- $38,300 -0- FY10-18 -0- -0- -0- -0- FY 19 $144,560 -0- $144,560 -0- FY 20 $130,873 -0- $130,873 -0- FY21 $239,769.90 $239,769.90 -0- -0- TOTAL $640,773.90 $640,773.90 A-CP2 Hollywood FY 14 0.30 0.14 $82,988 -0- $82,988 -0- Gateway Park FY15-16 -0- -0- -0- -0- Expansion FY 17 $20,000 -0- $20,000 -0- FY 18 -0- -0- -0- -0- FY 19 -0- -0- -0- -0- FY 20-21 -0- -0- -0- -0- TOTAL $102,988 -0- $102,988 -0- A-CP3 College Park FY 18 3.66 3.66 $300,000 -0- $300,000 -0- Woods Swim FY 19 -0- -0- -0- -0- Club FY 20-21 -0- -0- -0- -0- Acquisition TOTAL $300,000 -0- $300,000 -0- A-CP4 Sentinel FY 18 TBD 0.14 $150,000 -0- $150,000 -0- Swamp FY 19 -0- -0- -0- -0- Sanctuary FY 20-21 -0- -0- -0- -0- Acquisition TOTAL $150,000 -0- $150,000 -0- 017 5 DISCUSSION Wake Forest Path & Dedicated Rights-Of-Way 018 CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Steven E. Halpern, P.E. Meeting Date: 06/08/2021 City Engineer Presented By: Bill Gardiner Proposed Consent: N/A Interim City Manager Originating Department: Department of Public Works Issue Before Council: Discussion of whether to accept jurisdiction of Wake Forest Path and discussion of policy regarding dedicated rights-of-way. Strategic Plan Objective: 1. Innovate and improve City services to enhance quality, value, and accessibility for all our residents. Background/Justification: Councilmember John Rigg was contacted by a constituent regarding the maintenance of two large trees located between 6910 and 7000 Wake Forest Drive. The trees are located within an “unimproved 6-ft wide path” (per a 1928 plat and a recent survey) that extends from Wake Forest Drive to Carleton Terrace. The adjoining owners to this particular right-of-way have not encroached or built upon it, blocked access to it, or otherwise asserted control over it. There is no record that the City accepted jurisdiction and control over this dedicated right-of-way. Only if, and when, the local jurisdiction accepts jurisdiction and control over the right-of-way (ROW) does it become the local jurisdiction’s responsibility. The City cannot petition to “abandon” a ROW if it is not an adjacent owner, but adjacent owners may do so and if the petition to abandon is accepted the ROW would be divided equally for the adjoining owners. Additionally, in some situations a ROW is abandoned if the local jurisdiction does not accept it within a specific period of time. In 2003 the City adopted a policy on this and related issues (see attached). Page three (“B. PLATTED OR DEDICATED RIGHTS OF WAY”) pertains to this situation but does not specifically address it. The adjoining owners have not requested to encroach on the ROW and have not requested the City’s support for a petition to abandon the ROW. At this point one adjoining owner has requested the City maintain a tree located within the ROW. The Council could support the City accepting this ROW and begin maintenance of it or support the adjoining owners to petition for abandonment of the ROW. City staff do not believe there is a strong public interest in accepting and maintaining this ROW for public access and use. To resolve the current issue, Council could consider having the City provide tree maintenance (or reimburse the adjoining owner for tree maintenance costs) in return for a commitment that the owners file a petition to abandon the ROW. Additionally, the Council may wish to amend the Encroachment policy to address this type of situation as well as situations in which adjoining owners have encroached on ROW that the City has not accepted, and the owners also have not requested a license to use from the City nor requested abandonment of the ROW. Fiscal Impact: The cost of any tree work would be covered by existing operating funds. Council Options: 1. Agree in principle to cover the immediate tree care costs in return for a petition to abandon the ROW. 2. Formally accept jurisdiction of the Wake Forest Path and maintain it. 3. Take no action. 019 Staff Recommendation: Option #1 Recommended Motion: N/A Attachments: 1. 2003 City Encroachment Policy 2. Survey of path 3. Photos of ROW area and adjoining houses 5 COVER Wake Forest Path Agenda Item 6.8.21.Docx2 020 Adopted by Mayor & Council on February 25, 2003 ENCROACHMENT POLICY CITY OWNED PROPERTY AND PLATTED OR DEDICATED RIGHTS OF WAY The City is confronted with situations in which certain private property owners have relied upon the use of City property or platted or dedicated rights of way in order to provide access parking facilities, to construct fences, and make other uses. In addition, certain platted rights of way have been dedicated to the public use or way, and questions have arisen as to whether the city is exercising, or wishes to exercise, control and is responsible for maintenance of those rights of way. Many instances of encroachment have a long historical background and the encroachments may have occurred without knowledge of the current property owners. It is the duty of the Mayor and City Council (herein the "City") to protect and preserve City-owned property, and certain platted or dedicated rights of way, from encroachments in the interest of all residents of the City. A. CITY OWNED PROPERTY The City, reaffirming its position that it retains fee ownership of the property on which an encroachment has occurred, is establishing a policy which will protect the property rights of the City. To implement that purpose, the City hereby establishes the following policy for encroachments on City owned property and rights of way: 1. City staff will identify all properties and City owned rights of way on which encroachment has occurred and will define the precise areas of encroachment. 2. The City will notify property owners of encroachments, reasserting the City's absolute title to the encroached areas and advising the property owners of the City's right to remove the encroachments. 3. Where such encroachments exist, the City hereby establishes an application process whereby the owner of abutting property encroaching on City land may apply to the City for a revocable license to continue using such property upon the following conditions: (a) The owner shall establish that the encroachment has been open and notorious and has existed for a period of not less than five years prior to notification. (b) The owner shall establish a need for the continued use of the property as either essential or necessary to the continued use and enjoyment of the owner's property. 021 (c) The owner shall define the encroachment area and establish that the encroachment is the minimum area necessary to accomplish the use required by the owner. (d) The owner shall establish that there are no alternatives available to the owner to meet the needs satisfied by the encroachment area. (e) The owner shall identify the current use of the property including but not limited to the storage, manufacture, distribution, display, advertising, or hazardous materials usage. (f) The application shall contain such information as may be requested by the City and be accompanied by an unrefundable fee of One Hundred ($100.00) Dollars which from time to time, may be adjusted by the Mayor and City Council. The city shall also require an annual license fee based upon City estimates of the assessed value of the encroached area. 4. In the event of a request for license, City staff shall verify the following: (a) the encroachment exists and it is the minimum necessary to meet the requirements of the owner for the use of the owner's property. (b) the owner has no feasible alternatives to meet the requirements met by the encroachment for the use of the owner's property. (c) the area of encroachment will be defined with or without formal survey, using the best techniques available to City staff. (d) The encroachment does not interfere with the City's use of its property. 5. Upon termination or revocation of license, the owner shall, if requested by the City, remove all permanent structures that exist on the encroached area. 6. Continued use shall be subject to execution by the owner of a property license, payment of the annual fee and other restrictions deemed appropriate by the City. 7. Failure of the owner to execute a property license agreement within sixty (60) days after the grant of the license by the City shall be deemed abandonment of the license and the owner shall be ordered by the City to cease all use of the encroached area as required by this policy. 022 8. Any license which may be granted by the City shall be exclusive to the owner of the property; sale or transfer of the property shall result in immediate revocation of the license; successors and interest in the property shall be required to initiate new license requests to continue using the encroached area. 9. No changes in use or expansion of the encroached areas shall be permitted. 10. Nothing contained herein shall be construed as a limitation on the authority of the City to exercise its absolute discretion in granting or rejecting license requests. 11. Licenses shall be granted and shall be revocable in the sole discretion of the City. 12. Nothing contained herein shall be construed to authorize use of City property for any purpose whatsoever without the consent of the City, which authority shall be exercised by the city in a manner consistent with its authority to acquire and dispose of property in accordance with established legal principles. B. PLATTED OR DEDICATED RIGHTS OF WAY Certain rights of way exist in the City which have been platted and/or dedicated to the public use or way, but which are not titled in the name of the City. Such rights of way include, but are not limited to, “paper streets”, pathways, dedicated parks, and alleyways. The following procedure is to be followed when an encroachment on such right of way is identified by the City, and when a determination of whether City services are available for such right of way is requested or becomes necessary. 1. Rights Of Way That Are Under The Control Or Maintenance Of The City. When a use has been identified that may encroach on rights of way over which the City has exercised control or maintenance, the City will proceed as follows: (a) The City will determine whether the use, and any property or objects involved, in fact encroach on the right of way. In making this determination, the City may survey the area, and use any other relevant information. (b) If the City determines that the use, and any property or objects involved, are encroaching on the right of way, it may notify the user of the encroachment and require removal within a reasonable time, as 023 determined by the city in its sole discretion and based on relevant circumstances. Such notice shall be by regular mail to a known user, and by posting if the user is unknown. (c) Any encroachment not removed by the user within the prescribed time may be removed and disposed of by the City, which shall not be responsible for any damage to the encroaching use or property. The user shall reimburse the city for costs associated with removal and disposal. (d) Failure by the City at any given time to demand removal of any encroachment shall not constitute a waiver of any of the City’s right to control or maintain any right of way. 2. Other Rights Of Way At any time, and from time to time, the City may commence exercise of control and maintenance of a right of way within the City. Once the City has done so, the provisions of this Section B shall apply. 3. Private Use Or Abandonment Of Rights Of Way An individual, corporation or other entity may request permission to use or encroach upon all or a portion of a right of way, or the City’s support for abandonment of all or a portion thereof. In considering such a request, the City will proceed as follows: (a) The requesting party shall submit an application with a recent property survey that shows the specific dimensions of the property and the proposed encroachment. (b) The City will review the application to ascertain its compatibility with the surrounding area including how it would affect the City’s comprehensive plan, the usability or enjoyment of adjoining parcels, the extent to which the proposed encroachment is justifiable, to what extent it would diminish the public’s enjoyment or use, the adverse affect on the existing right-of-way and any potential hazard to public safety. (c) At a public meeting the City Council will determine if it is in the best interest of the City to: i. Deny the application and require removal of the encroachment; ii. Support a petition to the Maryland National Capital Park And Planning Commission to vacate the property and add it to the tax roles; 024 iii. Take no action. 4. Request For City Services The City may require any individual or entity asserting that an area is part of a public right-of-way under control and maintenance of the City and seeking municipal services to provide a certified survey of the area. The City shall verify the validity of the assertion and determine the extent to which municipal services may be provided. In its discretion, the City may provide surveys or other documentation verifying the status of the property. Adjacent property owners shall be given notice to remove any impediments and encroachments, including fences and other structures, which impede the City’s ability to perform services. 025 Property Line Exhibit to identify Tree Locations Whiteoak Path between Carleton Terrace and Wake Forest Drive College Park Berwyn (21st) District Prince George's County, Maryland May,2021 Scale: 1" = 30' '------'/ 38 \ #7002 \ CARL TON GREEN 19:: I § a ..._, 37 \ ------Rebar and cap held 36 Rebar and cap -8-"""":""-+---+ DREXEL ROAD / / , '~////~~~////////~ f E ...' 0 CPJ ~~.:~~~~m:J~~~~-~~n~-~~~.~~~c~t~=~'su~~~: Associates 1751 Elton Rd.. ste. 300 silver spring. MD 20903 301-434-7000 Fax, 301-434-9394 ~ i www.cpja.com • Silver Spring, MD • Gaithersburg. floW • Annapolis, MD • Greenbelt, MD • Frederick, MD • Fairfax, VA Last S"'d 5/13/2021 Last Plotted 5/13/2021 9,53 A~ 026 Sheet N\23068\CP-WAKE FOREST OREXEL\OWG\06-01 ~ " • 'J I<• .!'".,. ~ 027 6 DISCUSSION County’s School Facilities Surcharge 028 7 Request for/Status of Future Agenda Items 029 TO: Mayor, City Council, City Manager and Department Directors FROM: Janeen S. Miller, City Clerk DATE: June 3, 2021 RE: Future Agendas The following items are tentatively placed on future agendas. This list has been prepared by the City Manager and me and represents the current schedule for items that will appear on future agendas. TUESDAY, JUNE 15, 2021 REGULAR MEETING Proclamation for Jack Robson Proclamation for Juneteenth Proclamation for Pollinator Week Proclamation for Chesapeake Bay Awareness Month Economic Development Report – Bridgette Johnson, Economic Development Manager Strategic Plan Presentation – Bill Gardiner, Interim City Manager Proposed Consent: APC Variance Request CPV-2021-04, 9022 49th Avenue (Appeal period ends June 5) Proposed Consent: APC Variance Request CEO-2021-01, 4714 Howard Lane (Appeal period ends June 5) Proposed Consent: Approval of Community Services Grants – Gary Fields Proposed Consent: Award of Street Maintenance contract to NZI Construction Corporation – Steve Halpern, City Engineer Appointments to Advisory Boards and CPCUP Note: The Council will meet in a closed session after the meeting to carry out an Administrative Function (to discuss the City Attorney’s evaluation). 030 6/4/2021 S:\CityClerk\2021\2021 FUTURE AGENDAS\060321FA.doc TUESDAY, JULY 13, 2021 WORKSESSION – REQUEST AN EARLY START TIME Discussion of the Urban Tree Canopy Protection Policy (30) Presentation from the Literacy Lab with the EAC – Kiaisha Barber, Director of Youth, Family and Senior Services (30) Presentation of conceptual design options for Duvall Field – Terry Schum, Director of Planning (30) Discussion on use of ARPA funds – Gary Fields, Director of Finance (30) 04-26-21: Presentation on the recommendations of the County’s police reform task force (date tentative) (60) Presentation by IBTS on the draft feasibility study for establishing a City department of building code, permitting and enforcement (RFP CP-20-03) (60) 4:10 TUESDAY, JULY 20, 2021 REGULAR MEETING Placeholder: Approval of one-year OKRs Consideration of a request to park a prohibited vehicle (trailer) in the 5000 block of Delaware Street – Bob Ryan, Director of Public Services and Jim Miller, Parking Enforcement Manager Consideration of a request to park a prohibited vehicle (trailer) in the 9700 Block of Narragansett Parkway – Bob Ryan, Director of Public Services and Jim Miller, Parking Enforcement Manager Worksession after the Regular Meeting: 11-4-20: Review of College Park policy options for neighborhood stabilization (for those neighborhoods trending toward rentals) AND Discussion of affordable housing policies, programs and initiatives (from Master List) WEDNESDAY, AUGUST 4, 2021 WORKSESSION Discussion of a Proclamation Policy – Janeen S Miller, City Clerk TUESDAY, AUGUST 10, 2021 REGULAR MEETING Quarterly Financial Presentation – Gary Fields, Director of Finance ANNUAL ITEMS January, early: Discussion of Homestead Tax Credit Rate (currently at 0%) (must certify by March 25 to change rate) January, after an election: Review and adoption of Council Rules and Procedures 031 6/4/2021 S:\CityClerk\2021\2021 FUTURE AGENDAS\060321FA.doc January: Review annual reports and workplans from advisory boards IFC/PHA Annual meeting with Council (when is best?) March: Annual Review/Renewal of Insurance Contracts March: Annual farmers market debrief March: Annual Economic Development Report April and September: Comments on the M-NCPPC budget June Worksession: Review of applications for advisory board vacancies June Regular Meeting: Annual appointments to advisory boards June Regular Meeting: Proclamation for Pride Month June Regular Meeting: Pollinator Week Proclamation (for 3rd full week in June) September, last regular meeting: Mayor’s Monarch Pledge proclamation (for 1st Saturday in October) October, first regular meeting: Proclamation for Indigenous Peoples’ Day Early Fall: Annual presentation from SHA on projects in the City (schedule prior to CTP discussion) Fall: Annual police agency presentation November, first regular meeting: Proclamation for Small Business Saturday December: Approval of Annual Retreat agenda MASTER LIST 2021 Quarterly Financial Presentations: January 26, April 27, August 10, October 26. 2021 Quarterly Appointments to advisory boards: January 12, April 13, June 15, October 12 07-09-19: Input from staff and the Airport Authority about the GAO study on helicopters in the City and helicopter noise in the region (15) 10-01-19: Discussion of signing on to the principles of the Maryland Advocates for Sustainable Transportation – request of Mayor Wojahn Discussion of additional roadway connectivity between City neighborhoods - AND – Find options to reduce traffic on our major roadways (include Complete Streets) (40) Terry Schum, Director of Planning; Steve Halpern, City Engineer; Robert Marsili, Director of Public Works 032 6/4/2021 S:\CityClerk\2021\2021 FUTURE AGENDAS\060321FA.doc 02-04-20: Follow up discussion on certain events held in the City (Veterans and Memorial Day events, MLK Tribute and Blues Festival) Review of proposal for a pilot program for a rebate to homeowners for installation of residential security camera systems - Bob Ryan, Director of Public Services (20) 05-05-20: Information Report on Edgewood Road Right-Of-Way at intersection with US 1 – Terry Schum and Steve Halpern Discussion of goals and purpose for City Events, and criteria for evaluating City Events (30) 09-01-20: Discussion of a commemorative bench program – request of Councilmember Kabir 09-15-20: Tax credits to homeowners for purchase of flood insurance – Councilmember Rigg Appropriate use of staff time and resources at the request of community organizations – Scott Somers, City Manager 11-4-20: Options to address traffic back up on Cherry Hill Road caused by Starbucks Drive Through – Councilmember Kabir 12-01-20: Discussion on establishment of a Human Relations Commission – Councilmember Mitchell 12-01-20: Discussion on holding a City-wide business roundtable – Councilmember Mitchell 12-08-20: Discussion of strategies to provide affordable housing (student and other) (with partner stakeholders) to include the possibility of commissioning an affordable housing plan – Mayor Wojahn Follow-up discussion on a City Youth Advisory Committee – Kiaisha Barber, Director of Youth, Family and Senior Services (30) 01-29-20: Discussion of the decennial redistricting and of establishing a redistricting commission (standard census tabulation for voting districts expected by September 30) – Terry Schum, Director of Planning 03-02-21: Discussion of a Participatory Budgeting process (for next fiscal year) – request of Councilmember Mitchell 03-10-21: Transfer of ownership of Rhode Island Avenue to the City - Draft Agreement – Terry Schum Presentation on Accela land use CRM software Proclamation in September 2021: “Suicide Prevention Month” 033 6/4/2021 S:\CityClerk\2021\2021 FUTURE AGENDAS\060321FA.doc Request from the College Park Housing Authority about use of City property for a parking lot (30) 04-01-21: Construction Price Amendment / Change Order for the College Park Woods Clubhouse project (20) - Robert Marsili, Director of Public Works 04-07-21: Discussion of options to reduce noise from cars (Kennedy) 05-05-21: Maryland Economic Development Association (MEDA) Business Appreciation Week October 25th – 29th 05-18-21: Consideration of a proposal for parking prohibitions at 4500 Beechwood Road – Bob Ryan, Director of Public Services November 9, 2021: Proclamation for Good Neighbor Day 10th anniversary Discussion of a City policy about City parks and playgrounds 034 6/4/2021 S:\CityClerk\2021\2021 FUTURE AGENDAS\060321FA.doc

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