CITY OF TAKOMA PARK, MARYLAND
PUBLIC HEARING, REGULAR MEETING AND WORK SESSION
OF THE CITY COUNCIL


Monday, July 11, 2011
 
MINUTES


Minutes adopted September 6, 2011.  


Administrative Function Session of July 11, 2011

The City Council met in administrative function session at 6 p.m. on Monday, July 11, 2011 in the Council Conference Room to hold ongoing discussions involving the sharing of information with the City Attorney and promotion of the City Attorney/City Council relationship. (OFFICIALS PRESENT: Williams, Clay, Robinson, Seamens, Snipper, Schultz, Wright; ALSO PRESENT: City Attorney Silber.) After the session, the Council convened in the Auditorium.


CALL TO ORDER

PRESENT:
Mayor Williams
Councilmember Wright
Councilmember Clay
Councilmember Robinson
Councilmember Seamens
Councilmember Snipper
Councilmember Schultz
City Manager Matthews
City Clerk Carpenter
Deputy City Manager Ludlow
HCD Director Daines
Public Works Director Braithwaite
 
The City Council convened at 7:38 p.m. in the Auditorium of the Takoma Park Community Center -- Sam Abbott Citizens' Center, 7500 Maple Avenue, Takoma Park, Maryland.

PUBLIC COMMENTS

There were no public comments.

COUNCIL COMMENTS

Mr. Wright requested a public report on use of the license plate scanners. He commented on poor health outcomes for low income and minority people in the community.

Mr. Schultz commented on Valerie Ervin’s forum on the Takoma/Langley Sector Plan.

Ms. Clay commented on the occasional flea market at Jackson Avenue and Ethan Allen Avenue. She requested that the City make its position known on the issue.

CITY MANAGER’S COMMENTS

Ms. Matthews provided a summary of change orders executed for the Public Works Facility renovation. She also noted that the new speed camera on East West Highway would be installed within the next two weeks.

PUBLIC HEARING

(1) Public Hearing on Applicant's Request to the Board of License Commissioners to Expand Restaurant (Come to Africa Restaurant, 6834 New Hampshire Avenue)

Ms. Ludlow provided answers to questions that had been raised by Council. If the applicant proposes a major modification to its facility, the Board of License Commissioners reconsiders the appropriateness of the license for the space. All licenses come up for renewal on April 30 of each year. The Board gives weight to police and municipalities in its decisions. The Class B license requires a food to alcohol radio of 50/50 for the duration of the license. The Board can schedule a hearing at any time on documented complaints.

Stephen D’Esposito , Elm Avenue, requested that the Council oppose renewal or approval of the license.

Ramon Proctor , Elm Avenue, requested that the Council oppose the applicant’s request.

Andy Thompson , Elm Avenue, requested that the Council oppose the applicant’s request.

Betty Thompson , Elm Avenue, opposed the applicant’s request.

Roger Leyou , patron of Come to Africa, spoke in support of the expansion.

Berin Nouichang , patron of the restaurant, supported the applicant’s request.

Chief Esong Theodore , patron of the restaurant, spoke in support of the applicant’s request.

Kenneth Epie , North Hampton Drive, supported the expansion.

Alphonse Attey , owner of the restaurant, requested Council’s support.

Catherine Tunis , Larch Avenue, supported the neighbors of the restaurant in opposing the applicant’s request.

Written public comments received are attached.

WORK SESSION

(2) Discussion of Applicant's Request to the Board of License Commissioners to Expand Restaurant (Come to Africa Restaurant, 6834 New Hampshire Avenue)

The Council discussed the applicant’s request. There was interest in helping the small business become successful, but due to the concerns expressed by the neighborhood and the Council's review of the restaurant's operations, there was no support for the applicant's request at this time.

REGULAR MEETING

(3) Resolution Submitting Annual Program for Program Open Space Funds

Ms. Ludlow noted staff’s recommendation to include the sprinklers for Belle Ziegler Park and potential acquisition of a property near Sligo Mill/Poplar Mill for Program Open Space funding. Ms. Ludlow confirmed for the Council that if something more pressing came up, there would be an opportunity to make changes.

Motion to adopt Resolution 2011-32 Submitting Annual Program for Program Open Space Funds. Moved by Councilmember Snipper, seconded by Councilmember Robinson.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

Resolution 2011-32 (attached)

(4) Second Reading Charter Amendment Resolution Amending the Takoma Park Charter, Article II, Section 202 Description of Corporate Boundaries

Motion to adopt Second Reading Charter Amendment Resolution 2011-01 Amending the Takoma Park Charter, Article II, Section 202 Description of Corporate Boundaries. Moved by Councilmember Snipper, seconded by Councilmember Clay.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

Charter Amendment Resolution 2011-01 (attached)

(5)  First Reading Ordinance Amending Takoma Park Code, Ch. 2.12 Administrative Regulations

Motion to adopt First Reading Ordinance 2011-27 Amending Takoma Park Code, Ch. 2.12 Administrative Regulations. Moved by Councilmember Robinson, seconded by Councilmember Snipper.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

First Reading Ordinance 2011-27 (attached)

(6) Second Reading Ordinance Amending the Takoma Park Code to Provide for Adoption of Administrative Regulations for Use of Public Space and Public Buildings

Motion to adopt Second Reading Ordinance 2011-10 Amending the Takoma Park Code to Provide for Adoption of Administrative Regulations for Use of Public Space and Public Buildings. Moved by Councilmember Snipper, seconded by Councilmember Schultz.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

Second Reading Ordinance 2011-10 (attached)

(7) First Reading Ordinance Amending Takoma Park Code, Title 12, Trees and Vegetation (Urban Forest)

Council discussed the ordinance. The Council agreed to change the ordinance so that the pre-planting credit would run with the property, not with the property owner. Additionally, the Council requested that the language in the notice of the Tree Ordinance to be provided at settlement be simplified or made more clear.

Motion to adopt First Reading Ordinance 2011-28 Amending Takoma Park Code, Title 12, Trees and Vegetation (Urban Forest). Moved by Councilmember Clay, seconded by Councilmember Snipper.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

First Reading Ordinance 2011-28 (attached)

(8) First Reading Ordinance Amending Takoma Park Code, Title 13, Vehicles and Traffic (Speed Humps)

Ms. Braithwaite clarified in response to Council questions that the petition process would remain the same.

In response to a suggestion to exclude the criteria regarding minimum visibility for approaching drivers, the Council concluded that it was a guideline to be reviewed on a case by case basis.

Motion to adopt First Reading Ordinance 2011-29 Amending Takoma Park Code, Title 13, Vehicles and Traffic (Speed Humps). Moved by Councilmember Robinson, seconded by Councilmember Snipper.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

First Reading Ordinance 2011-29 (attached)

(9) CONSENT AGENDA

A. Single Reading Ordinance 2011-30 Awarding a Contract for Engineering Design of HVAC Improvements in the Community Center (attached)

B. Single Reading Ordinance 2011-31 Authorizing the Purchase of a Leaf Vacuum (attached)

C. Resolution 2011-33 Consenting to and Approving the Ninth Amended and Restated Local Government Insurance Trust Agreement (attached)

D. Resolution 2011-34 Providing for an Appointment to the Takoma Junction Task Force (attached)

Motion to adopt the consent agenda. Moved by Councilmember Snipper, seconded by Councilmember Clay.    (VOTING FOR: Mayor Williams, Councilmember Wright, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, and Councilmember Schultz)

WORK SESSION

(10) Discussion of Award of a Contract for Solar Power Installation through a Power Purchase Agreement

Public Works Director Braithwaite presented information on the two bids received for installation of solar panels on City facilities through a power purchase agreement.

ADJOURN

The Council adjourned for the evening at 10:26 p.m.