Staff Report

REGULAR CITY COUNCIL MEETING

MONDAY, MAY 18, 2009

 

CALL MEETING TO ORDER:

            The Regular Meeting of the Bowie City Council was held on Monday, May 18, 2009 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 Levan, City Clerk Fleming, Members of the Staff, the Press and the Public.   

PLEDGE OF ALLEGIANCE TO THE FLAG:

            The Council led the Pledge of Allegiance to the Flag.  

AGENDA ADDITIONS/DELETIONS/AMENDMENTS:              

            Mayor Robinson added two proclamations to the Consent Agenda congratulating the Bowie Senior Chorale and its Director.

CITIZEN PARTICIPATION:

            Ms. Erica Kennedy, Diversity Committee, spoke about the observance of Peace Officers Day and Police Week which was established by a Joint Resolution of Congress in 1962; May 15 was proclaimed as Peace Officers Memorial Day and the week of May 15 as Police Week.  She explained the events surrounding each observance.

COUNCIL ANNOUNCEMENTS:

            Mayor Robinson recognized Ms. Elissa Levan and welcomed her back as a City attorney.

            Mayor Robinson announced: 1) The Memorial Day Parade is scheduled for Saturday, May 23 at 11 a.m. with a memorial service at the Veterans Memorial Park on Monday, May 25; and 2) Bowiefest is scheduled for Saturday, June 6 at Allen Pond Park.

CITY MANAGER’S REPORT:

            City Manager Deutsch reported that the last item under the New Business agenda is an item regarding federal housing funds; staff was asked to provide an update on various housing programs and Mr. Jesse Buggs will provide that report.

CONSENT AGENDA:

              Mayor Pro Tem Turner moved approval of Consent Agenda Items: A. Approval of Minutes of April 20, 2009 Council Meeting; B) Approval of Proclamation P-6-09, Celebrating Memorial Day 2009 By Honoring Those Whose Lives Were Given in Service to Their Country; C. Introduction of Ordinance O-4-05, Authorizing And Empowering The City Of Bowie (The “City”) To Issue And Sell From Time To Time, Upon Its Full Faith And Credit, General Obligation Bonds In One Or More Series In An Aggregate Principal Amount Not To Exceed Nineteen Million Dollars ($19,000,000), The Proceeds Of The Sale Thereof To Be Used And Applied For The Public Purposes Of Financing, Reimbursing Or Refinancing All Or Any Portion Of One Or More Of The Following: The Costs Of Acquiring, Constructing, Improving, Furnishing And Equipping A New City Hall, Together With Costs Of Related Site And Utility Improvements (Including Parking And Landscaping), Related Legal, Financial And Inspection Expenses, Costs Of Issuance And, To The Extent Determined By The Council In A Subsequent Resolution, Interest On The Bonds; Determining That The Bonds Of Each Series Be Sold By The Solicitation Of Competitive Bids At Public Sale; Authorizing The Adoption Of A Resolution Or Resolutions Of The Council To Determine And Provide For Various Matters Relating To The Authorization, Sale, Security, Issuance, Delivery, Payment And Redemption Of The Bonds Of Each Series; Authorizing The Council To Provide By Resolution For The Issuance And Sale From Time To Time Of One Or More Series Of General Obligation Bond Anticipation Notes In An Aggregate Principal Amount Not To Exceed Nineteen Million Dollars ($19,000,000), Prior To And In Anticipation Of The Sale Of Any Of The Bonds Authorized Hereby In Order To Fund Project Costs On An Interim Basis (Including Costs Of Issuance And Capitalized Interest); Providing For The Levy And Collection Of Ad Valorem Taxes Sufficient For, And Pledging The Full Faith And Credit And Unlimited Taxing Power Of The City To, The Prompt Payment Of The Principal Of And Interest On The Bonds And The Bond Anticipation Notes Authorized Hereby; Providing That The Principal Of And Interest On Such Obligations Also May Be Paid From Any Other Sources Of Revenue Lawfully Available To The City For Such Purpose; Providing That Any Series Of The Bonds Or Bond Anticipation Notes Authorized Hereby May Be Consolidated With Any Bonds Or Bond Anticipation Notes Respectively Authorized By One Or More Other Ordinances Of The Council And Issued As A Single Series Of Bonds Or Bond Anticipation Notes, As Applicable; Authorizing And Directing Officials And Employees Of The City To Take Any And All Action Necessary To Complete And Close The Sale, Issuance And Delivery Of The Bonds And The Bond Anticipation Notes Of Each Series Provided For Hereby; Making Certain Covenants And Determinations Relating To The Tax Exempt Status Of Any Series Of Bonds Or Bond Anticipation Notes Authorized Hereby; Providing That This Title Be Deemed A Summary Of This Ordinance For All Purposes; And Otherwise Generally Relating To The Sale, Issuance, Delivery And Payment Of And For The Bond And The Bond Anticipation Notes Authorized Hereby;  and D. Introduction of Ordinance O-5-09 - Authorizing the Issuance and Sale of a General Obligation Installment Bond (the "Bond") by the City in a Principal Amount Not Exceeding One Million Eight Hundred Thousand Dollars ($1,800,000) Pursuant to the Authority of the Maryland Water Quality Financing Administration Act (codified as Sections 9-1601 to 9-1622, inclusive, of the Environment Article of the Annotated Code of Maryland (2007 Replacement Volume and 2008 Supplement); Sections 31 to 37, inclusive, of Article 23A of the Annotated Code of Maryland (2005 Replacement Volume and 2008 Supplement) and Section 58 of the Charter of the City; The Bond, to be designated "The City of Bowie Water Quality bond", the Net Proceeds of the Sale Thereof to be Used and Applied for the Public Purpose of Financing and Refinancing All Or a Portion of Public Infrastructure Improvements Relating to the City's Wastewater Treatment Plant and the Installation of a New Enhanced Nutrient Removal (ENR) System in Compliance With Federal and State Environmental Laws (as particularly prescribed herein); Authorizing the Execution of a Loan Agreement Between the City and the Maryland Water Quality Financing Administration (the "Administration"); Prescribing the Form and Tenor of the Bond and the Terms and Conditions for the Issuance and Sale Thereof at Private Sale to the Administration; Providing for the Prompt Payment of the Maturing Principal of and Interest on The Bond; Covenanting to Levy and Collect Taxes Necessary to Provide for the Payment of The Principal of and Interest on Such Bond; and Generally relating to the Issuance, Sale and Delivery of the Bond.  Councilmember Brady seconded the motion and it carried unanimously by those members of the Council present.

OLD BUSINESS:

A.  Ordinance O-1-09 - Approving and Adopting a Budget for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010 -

            Mayor Robinson thanked the City Manager and his staff for putting together an incredible budget and presentation that is well done and readable.  He also thanked the members of the Council for their commitment towards getting it done.

            Mayor Pro Tem Turner also thanked the City Manager and staff for preparing the budget.  He said he neglected to mention one point at the budget wrap-up, and that was the objective for emergency services; hoped the City would be able to do its own drill or exercise to see if the City is complying with the emergency operation plans.

            Councilmember Brady arrived at this point.

            Councilmember Trouth commended the City Manager and staff for an excellent presentation and helping councilmembers through the budget process; was pleased that core City services have been maintained, youth and seniors are being assisted.   He said it was a pleasure to have a budget that does not increase taxes and it is a true testament of the efforts and input by staff and his colleagues.

            Councilmember Polangin thanked the City Manager and staff for presenting a "lean, mean budget".

            Councilmember Valentino-Smith expressed her appreciation to the City Manager, department heads and staff for their hard work in coming in with a lower budget than the 2009 budget as well as holding the tax rate steady.  She passed out some amendment language for clarification of some of the objectives; with respect to traffic safety, she felt the City Manager, Chief of Police, and Public Safety Committee should coordinate worksessions to help develop a coordinated approach towards a traffic safety policy.  

            Councimember Marcos added that it was an honor to work with staff towards a great budget and supported its adoption.

            Councilmember Brady thanked staff for a job well done; felt service will continue at a level of service that is appropriate for the community; noted that there was no tax increase and the City was receiving near maximum benefit of the tax differential when it comes to the Police Department.  He commended his colleagues for supporting staff in providing the tools that are needed to provide the services that Bowie is known for.

            Mayor Robinson summarized by stating that this is a balanced budget, the tax rate has been held flat, the County tax rate will drop, core services will continue to be funded and thanked staff for their hard work.

            Mayor Pro Tem Turner moved the adoption of Ordinance O-1-09.  Councilmember Marcos seconded the motion and it carried unanimously.

            B. Resolution R-23-09 - Adopting a Capital Improvement Program for the Fiscal Years 2010-2015 -

            Mayor Pro Tem Turner moved the adoption of Resolution R-23-09.  Councilmember Trouth seconded the motion and it carried unanimously.

            C.  Ordinance O-3-09 - Providing Supplemental Appropriations for the Annual budget for the Fiscal Year Ending June 30, 2009 for the Purpose of Funding the Roof Modifications and Repairs to the Bowie Ice Arena, Replacement of Exterior Metal Stairs at the Railroad Museum Tower and Replacement of Two Police Vehicles - City Manager Deutsch reported the ordinance provides supplement appropriations for roof repairs at the Ice Arena in the amount of $17,900, the metal staircase at the Railroad Museum Tower at a cost of $45,000, and funds for the replacement of two police cars which were involved in accidents; a portion of the money was reimbursed from insurance proceeds. 

            Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

            Councilmember Marcos moved the adoption of Ordinance O-3-09.  Councilman Brady seconded the motion and it carried unanimously.

NEW BUSINESS:

            A.  Mill Branch Crossing Preliminary Subdivision Plan #4-08052 - Mr. Frank Stevens, City Planning Department, displayed a PowerPoint presentation showing location of 7 parcels comprising approximately 74 acres at the intersection of Mill Branch Road and Rte. 301, topography, environmental features, and the Preliminary Subdivision Plan; the property is zoned C-S-C.  Mr. Stevens reported that a stakeholders meeting was held.   He summarized the proposal and analysis of the Preliminary Plan and reviewed Adequate Public Facilities, Stormwater Management Concept Plan, Woodland Conservation and Tree Preservation, ingress and egress to the property, traffic impacts and road widening along Rte. 301.   Mr. Stevens concluded his report by saying that staff is recommending approval of Preliminary Subdivision Plan #4-08052 with the conditions noted on Pages 9 and 10 of the staff report. 

            Mr. James Golato, member of the Bowie Advisory Planning Board, summarized the Board's report dated May 14, 2009, a copy of which is on file at City Hall.  He said the proposal meets the requirements for approval because the zoning was changed from R-A to C-S-C.  He reported on the Board's hearing and noted that 2 residents addressed the Board.  He concluded his report by saying that the Board moved for approval of the Preliminary Subdivision Plan with the staff conditions as amended at the hearing.

            Ms. Michele LaRocca, attorney for the applicant, said they are in agreement with the findings by staff as well as with all the conditions in the staff report.  She reported that they have received full concurrence from the State Highway Administration who has jurisdiction over all the proposed improvements on Rte. 301, as well as concurrence from the County Department of Public Works and Transportation who has jurisdiction over Mill Branch Road; all parties have agreed to the traffic signal proposed at the site entrance point at Mill Branch Road. 

            Mr. Glenn Cook, Traffic Group, displayed an exhibit that showed the access to the site, along with the right-in/right-out which will ultimately lead to the future interchange at Rte. 197.  Mr. Cook explained the traffic patterns and improvements, and the excel/decel lane between Mill Branch Road and the proposed right-in/right-out location. 

Public Hearing:

            1.  Kris Morrissey, 17603 Queen Anne Bridge Road spoke on behalf of the Patuxent River Association.  She said everyone who lives along the river are farmers; feels the proposal is a "square peg going into a round hole"; felt the applicant is having problems because a commercial development is being placed in the middle of an area that shouldn't be commercialized.  She asked that the applicant be required to make all the changes that are necessary unless they tone down the level of commercial development to less than 500,000 square feet.

            2. Ms. Penny Nye, 2207 Hideout Lane, Mitchellville, agreed with Ms. Morrissey's comments; would like to keep the rural tier and cosmetic look.   She spoke about the traffic and said she was concerned about another traffic signal because traffic would back up. 

            3.  Mr. Fred Tutman, 18600 Queen Anne Road, Upper Marlboro, President of the Patuxent River Association said he had given his comments to the Council and staff, a copy of which is on file at City Hall.   He said that dumping an enormous amount of traffic onto a rural country road and upgrading it, results in a disproportionate burden to the residents on the east side of Rte. 301; would like to see more scrutiny on traffic patterns and use of buffers. 

            Mayor Pro Tem Turner announced that he had provided an ex parte communication to the City Council and the City Clerk regarding a call he received from Mr. Chesley about this application.   He also announced that he received an email from William Snyder a resident on Mill Branch Road and submitted the email for the record.

            Following discussion and questions from the Council, Mayor Pro Tem Turner moved approval of Preliminary Subdivision Plan #4-08052 with the staff recommended conditions including Condition #9, to explore all opportunities to expand a tree buffer on the access road at the time of Detailed Site Plan; Condition #10, limit traffic eastbound on Mill Branch Road to the extent possible under traffic engineering practice to maintain the historic and scenic roadway including usage of signage such as "Local Traffic Only"; Condition #11, to continue to explore a second access to Green Branch Park from Re. 301; and Condition #12, to maximize the use of public transit opportunities to the site in order to reduce additional traffic to the location. In addition, Mr. Turner added that in Condition #1, a traffic signal will be installed rather than a warrant analysis performed; Condition #4 - add wording to the effect that installation of a barrier to restrict crossover traffic movements will be installed.    Councilmember Polangin seconded the motion carried with a vote of 5-2 (Brady, Valentino-Smith).

            B.  Resolution R-31-09 - Accepting Funds From the U.S. Department of Housing and Urban Development Through the American Recovery and Reinvestment Act - Mr. Jesse Buggs, Grants Administrator, summarized the staff report dated May 18, 2009, a copy of which is on file at City Hall.  He reported the American Recovery and Reinvestment Act of 2009 appropriated supplemental funding for the CDBG program; Council is being asked to approve the request to allow staff to apply to HUD for the funds; the process includes a public notice, public hearing, Council Resolution, and a revised Annual Action Plan showing the funds and its intended use; the City plans to use the CDBG-R funds for the Senior Citizen "Green" Housing Rehabilitation Program already approved by HUD in the current Annual Action Plan. 

            Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

            Following discussion, Mayor Pro Tem Turner moved approval of Resolution R-31-09.  Councilmember Marcos seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Turner moved to adjourn the meeting into Executive Session for the purpose of discussing personnel matters.  Councilmember Brady seconded the motion and it carried unanimously.  The meeting was adjourned at 10:43 p.m.

Respectfully submitted,

 

Pamela A. Fleming, MMC
City Clerk