REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 6, 2008
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, October 6, 2008 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.
QUORUM:
In attendance were Mayor Robinson, Councilmembers Brady, Marcos, Polangin, Trouth and Turner; City Manager Deutsch, Asst. City Manager Fitzwater, City Attorney Robert Levan, Members of the Staff, the Press and the Public. Mayor Robinson announced that Councilwoman Valentino-Smith had a death in the family and would not be present.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Council led the Pledge of Allegiance to the Flag.
AGENDA ADDITIONS/DELETIONS/AMENDMENTS:
Mayor Pro Tem Turner asked that Item G under the Consent Agenda regarding the City's position on Harmony Place be moved to Old Business for discussion.
CITIZEN PARTICIPATION:
1. Ms. Tara Kelly-Baker, 1176 Backus Drive, Severn Crossing, spoke to Council about starting an animal shelter in Bowie, and said the citizens have formed the Citizens for Local Animal Welfare (CLAW). She said they will be back next month with a report.
PRESENTATIONS:
Mr. Vernon Herron, County Chief Administrative Officer for Public Safety and Director of Homeland Security, presented a plaque to Ms. Joan Christian for her civic activities over the years. He said at the ground breaking ceremony for the new Fire/EMS facility in Bowie, he noticed that there was no one representing the citizens of Bowie. He said that Ms. Joan E. Christian had been active in Bowie and Prince George's County and he was present to present Ms. Christian with a proclamation and shovel acknowledging her involvement in community affairs. Mr. Herron congratulated Ms. Christian on behalf of the County Executive and his administration.
Ms. Christian thanked Mr. Herron, the County Executive and the City Council for the recognition.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson thanked City staff for a very successful International Festival which was held on October 4.
CITY MANAGER’S REPORT:
City Manager Deutsch reported that a few weeks ago, staff reported to Council that the recycling program would be expanded to accept any plastic item other than hazardous items due to a major change in the County processing center; the City will be encouraging citizens to participate and the next City newsletter will have detailed information about the expansion.
CONSENT AGENDA:
Mayor Pro Tem Turner moved approval of Consent Agenda Items: A. Approval of Minutes of September 2, 2008 Council Meeting; B) Approval of Minutes of September 15, 2008 Council Meeting; C. Approval of Resolution R-67-08, Committing the City to Join with the Maryland Municipal League to Participate in Their Geocaching Initiative; D. Approval of Resolution R-68-08, Accepting Bid Proposal for Vehicle Storage Building; E. Approval of Resolution R-69-08, Authorizing the Waiving of Bidding Requirements by Two-Thirds Vote to Purchase Property Tax Billing Software; and F. Approval of Resolution R-70-08, Adopting the Housing and Community Development Consolidated Annual performance and Evaluation report (CAPER) for Fiscal Year 2008. Councilmember Brady seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Elections Task Force Final Report and Recommendations - Hon. Gerard Devlin,
Chairman of the Elections Task Force, presented the report dated October 1,
2008, a copy of which is attached. He introduced the members of the Task Force
who were present. He reported that the report was unanimously approved by the
Task Force and there were no dissenting reports issued.
Mayor Robinson summarized Resolution R-8-08 which contained the procedures that the Elections Task Force were assigned to review. He added that there are 3 specific items which the Task Force is recommending be reviewed by the City Attorney: 1) Rules or limits on the display and timing of campaign related signs or billboards; 2) Conduct of elections themselves, including ballot related issues; and 3) All City documents and references that relate to the election process. Mayor Robinson said that another meeting would be needed and asked for a motion.
Following several questions posed by Council, Mayor Pro Tem Turner moved that Council accept the Task Force report and recommendations and schedule a meeting so that the Council can address the issues that have been raised. Councilman Trouth seconded the motion. In response to a question posed by Councilman Brady concerning the time frame for work to be completed, City Manager Deutsch suggested the responses from the City Attorney would be ready for the Council meeting of November 3.
B. Position Letter Re: Detailed Site Plan (DSP) #07066 - Harmony Place - Mayor Pro Tem Turner said the hearing on this matter was held on September 22, and asked that the City's letter be sent to all parties of record. He then moved approval of the letter. Councilman Brady seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Specific Design Plan #SDP-801 - Hall Station Village Center - Mr. Frank Stevens, City Planning staff, summarized the staff report dated October 2, 2008, a copy of which is on file at City Hall. He displayed a PowerPoint presentation which identified the site and location, an aerial view of the property, zoning, building structure, circulation, landscaping plan, signage and elevations of the credit union, pharmacy, library, and residential units. Mr. Stevens also spoke about the Stormwater Management Plan, and the Woodland Conservation Plan. He reported that the project meets the findings set forth in the County Ordinance for approval of a Specific Design Plan, and the Plan is in conformance with the approved CDP and the development will be served within a reasonable amount of time by existing or programmed public facilities. He said that staff recommends approval of the SDP with the conditions contained in the staff report; additionally, the Bowie Advisory Planning Board conducted a hearing and recommended approval with conditions in the report.
Mr. Dan Lynch, attorney for the applicant, displayed renderings of the commercial
and residential structures and said they felt they have come up with a project
that the community, Park and Planning and the City approve. He spoke about
the access points, the location of the Stormwater Management Pond which will
be off site and will be an amenity for the residents. He displayed elevations
of the library which will be the focal point for the site and the materials
of the library have been incorporated into the other buildings.
Public Hearing:
Mr. Russ Ideo, 16403 Pointer Ridge Drive, said the civic associations have been associated with this project for a number of years; the community is now satisfied with the outcome of the development and asked the Council for approval.
Mayor Pro Tem Turner asked if there has been any discussion about annexing the property. Mr. Stevens responded that a proposed agreement has been provided to the applicant.
In response to a question from Councilman Brady concerning the expansion of Hall Road, Mr. Stevens responded that staff has been working with the County and SHA and they will do a roadway safety audit; staff does not expect a recommendation until the end of next month. Mr. Lynch responded to Mr. Brady's questions about the building time line and said the library will be built first, then the credit union and pharmacy; residential units will be constructed when the market picks up.
City Attorney Levan pointed out that there is an appeal pending on this case relating to the conditions that were placed on the property with regard to the timing of the library. The City is hoping for a continuance and are waiting for an answer from the applicant; there is an agreement but he has not yet seen it; if the applicant is successful, the question of that condition would disappear; if the appeal is not successful, Condition #5 would still prevail and the timing of the issuance of permits would depend upon the library going forward as described in the condition.
Mr. Lynch referred to Condition #6 in the staff report which places a limitation on the placing of flags, banners displayed on any building on the site; felt that this was extremely restrictive and was concerned that the condition would restrict grand opening and decorative banners. He asked that the condition be modified.
Councilman Trouth moved to approve the staff recommendation regarding Specific Design Plan #SDP-801. Councilman Brady seconded the motion.
Mayor Pro Tem Turner referred to the question of annexation and if the property is annexed, would the applicant have to comply with Condition #6. City Manager Deutsch replied that timing is an issue and a signed annexation has not been received by the owner.
The motion carried unanimously.
B. Traffic Calming Update - Mr. Jim Henrikson, Public Works Director, summarized the staff report dated October 1, 2008, a copy of which is on file at City Hall. He reported that Council had received a report at an earlier worksession concerning traffic calming options, including installation of striped lane lines to channel traffic, Speed Awareness Days and speed humps; a presentation was also made by the Fire Department about their concern for speed humps. He said that since then, lane lines have been installed as a demonstration project on Pin Oak Parkway and a Speed Awareness Day held; based on the success of the event, another Speed Awareness Day will be held on Nashua Lane; traffic calming signs have been installed on Pin Oak Parkway and Belair Drive. Mr. Henrikson said that in subdivisions where there is sufficient support, lane striping and Speed Awareness Days will be provided; this would be in addition to conventional police radar enforcement and traffic calming signs. He further reported that for liability reasons, the City Attorney indicated the City should first adopt a policy for installation of speed humps and noted that Prince George's County has the most effective and reasonable policy in comparison to others that were reviewed. He said that policy includes minimum warrants for traffic speed in order to install speed humps; if the warrants are met, then there is also a requirement that 60% of the residents on the affected street sign a petition in support; it also allows for speed humps to be installed if the warrants are not met, but the petition threshold is raised to 90%.
City Manager Deutsch said that a Resolution will be placed on the Council's next agenda for action which will establish a traffic calming program in Bowie; if the Resolution is adopted, staff will proceed to meet with the Tall Oaks community to provide a presentation of the speed hump option, including the petition forms; if the community provides the required petitions soon enough, Public Works is prepared to install speed humps this year, weather permitting.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Following questions posed by members of the Council, Councilman Trouth moved to direct staff to prepare a policy for installation of speed humps. Councilman Brady seconded the motion and added that the County program be used as a guide. The motion carried unanimously by those members of the Council present.
ADJOURNMENT:
Mayor Pro Tem Turner moved to adjourn the meeting into Executive Session for the purpose of discussion legal matters. Councilmember Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:51 p.m.
Respectfully submitted,
Pamela A. Fleming, MMC
City Clerk