Staff Report

 

MINUTES
REGULAR CITY COUNCIL MEETING
MONDAY, AUGUST 3, 2009

 CALL MEETING TO ORDER:

            The Regular Meeting of the Bowie City Council was held on Monday, August 3, 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 Marcos, Polangin, Trouth, Turner and Valentino-Smith; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Robert Levan, City Clerk Fleming, Members of the Staff, the Press and the Public.   Mayor Robinson announced that Councilmember Brady had another commitment and would not be present.

PLEDGE OF ALLEGIANCE TO THE FLAG:

            The City Council led the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPATION:

            A.  Mr. John Allender, 14206 Pleasant View Drive, spoke about a new BGE program being offered free of charge to its customers.

            B.  Mr. Richard Dahms, 12612 Kavanaugh Lane, spoke about his website.

            C.  Ms. Elveeda Dixon, 8105 Triple Crown Road, Chairman of the Diversity Committee, said that in the month of August, Equal Opportunity Employment is recognized.  She provided some history of amendments to the Constitution as well as other acts that were passed to do away with discrimination.

CITY BOARDS AND COMMITTEES:

            A.  Councilmember Marcos moved the appointment of Dr. Richard Lucas as a member of the Economic Development Committee.   Mayor Pro Tem Turner seconded the motion and it carried unanimously.

            B.  Mayor Robinson moved to appoint Mr. George Buss as a member of the Animal Shelter Task Force.  Councilmember Polangin seconded the motion and it carried unanimously.

            B.  Mayor Robinson swore Dr. Lucas and Mr. Buss into office in accordance with Sec. 92A of the City Charter.

COUNCIL ANNOUNCEMENTS:

            Mayor Robinson announced that National Night Out is scheduled for Tuesday, August 4 from 6-8 p.m. at Allen Pond Park.

CITY MANAGER’S REPORT:

            City Manager Deutsch reported that the Senior Center has been awarded a national accreditation status by a group that analyzes the condition and status of senior centers nationally; it is a process that the Bowie Senior Center has been going through for the past year; formal announcement is expected shortly.

CONSENT AGENDA:

           Mayor Pro Tem Turner moved the approval of Consent Agenda Item A: Approval of Minutes of June 1, 2009 Council Meeting; B. Approval of Minutes of June 15, 2009 Council Meeting; C. Approval of Resolution R-47-09, Regarding Climate Change; D. Approval of Resolution R-48-09, Authorizing the Waiving of Bidding Requirements to Allow for the Issuance of a Purchase Order for an Automated Valve Operator/Extension for Swivel Vac Trailer; E. Approval of Resolution R-49-09, By Two Thirds Vote Waives Bidding Requirements for the Hauling/Disposal of Biosolids From the Bowie Wastewater Treatment Plant and Authorizing a Contract Pursuant to the Terms and Conditions of an Agreement Between the Washington Suburban Sanitary Commission and Recyc Systems, Inc. and Superseding Resolution R-38-09; F. Approval of Resolution R-52-09, Accepting Bid for the Installation of a City Supplied Pump and Motor and Repairs to the Pipe Column  in Well #6 Located at 12215 Foxhill Lane; G. Approval of Resolution R-54-09, Authorizing the Bank of America to Issue an Irrevocable Letter of Credit on Behalf of the City of Bowie for the Hopkins Property Off-Site Woodland Conservation Bank; and H. Approval of Resolution R-55-09, Accepting Two Storm Water Management Facilities of the Ashleigh Subdivision.  Councilmember Brady seconded the motion and it carried unanimously.

OLD BUSINESS:

            A.  Resolution R-53-09 - BV-1-Oral Argument, 12011 Terra Lane - Mr. Joseph Meinert, City Planning Director, reported that this is a request for a variance from the Zoning Ordinance; the request was denied by the Bowie Advisory Planning Board at the hearing on May 12, 2009; the applicant filed a request for an appeal which is before Council this evening; only persons of record can participate in tonight's hearing.  He added that at the conclusion of the hearing, the Council shall either accept, deny or modify the recommendation of the BAPB or return the application to the Board to take further testimony or reconsider its recommendation.   Mr. Meinert reported that the request before Council is for an after the fact lot coverage variance of 2.1% above the 30% maximum lot coverage requirement to validate the construction of 192 square feet of driveway addition at the subject property; the site contains 9,000 square feet and is zoned R-55, which includes a single-family dwelling, a 100 square foot shed, and a 10 ft. x 35 ft. wide driveway that was expanded by 9 feet without proper permits.   He said a resolution that affirms the BAPB decision for Council's consideration.

Public Hearing:

            Mr. Scott Perry, the applicant, provided some background and reported that at the time of construction of the driveway the contractor told him he didn't need a permit; the City Code Compliance Officer told him he did need a permit which the County approved; the City personnel found that the County had made a calculation mistake; the driveway has now been paved and in use for the last year.  He asked that the variance be approved so he does not have to remove the driveway and to do additional repair.

            Following discussion and questions posed to the applicant by Council, Councilmember Polangin moved to approve the staff recommendation of denial and to approve Resolution R-53-09 because the 3 conditions noted in the staff report have not been met.  Mayor Pro Tem Turner seconded the motion and it carried with a vote of 5-1 (Valentino-Smith).

NEW BUSINESS:

            A.   Fire Department Staffing Issues - Prince George's County Fire Chief, Eugene Jones, said that since his recent appointment as Chief, he has received a lot of support from the volunteer firefighters.   He said Bowie is in a good position because of the addition of a new fire station and he has made a commitment to the volunteer firefighters that the career and volunteers will work together.  He then gave an overview of the short and long term future of staffing of the stations.

            Mr. John Bigony, President of the BVFD, said he felt that the volunteers can work well with Chief Jones and productive meetings have been held.

            In reply to a question about posting a notice on the City's website regarding the need for volunteer firefighters, Mr. Deutsch said this could absolutely be done.

            B.  Ordinance O-7-09 - To Amend Ordinance O-5-09 by Amending and Restating Exhibit A to Such Ordinance - City Manager Deutsch reported this is a housekeeping measure in that an exhibit required by bond counsel was not part of the Ordinance O-5-09 package.  He urged Council to adopt Ordinance O-7-09 that would become effective immediately.

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

            Councilmember Marcos moved to adopt Ordinance O-7-09.  Councilmember Polangin seconded the motion and it carried unanimously. 

            C.  Hilltop Plaza Shopping Center Rezoning A-10016 - Mr. Joseph Meinert, City Planning Director, summarized the staff report dated June 30, 2009, a copy of which is on file at City Hall.  He reported that this is a request to rezone approximately 16 acres of land from C-S-C (Commercial Shopping Center) and R-R (Rural Residential) to the M-X-T (Mixed Use Transportation Oriented) zone; the property is located at the corner of Race Track Road and Route 450.  He displayed some slides showing the location, zoning, topography map, a Bowie Main Street Activity Center map including the Market Place, Free State and Hilltop properties, site plan, aerial photos, proposed architecture if the property is rezoned, and, at the rear of the center, 49 residential condo units.  Mr. Meinert reported that the Bowie Advisory Planning Board held a hearing on July 28, 2009 and voted to recommend approval of the rezoning; 1 resident attended the hearing who expressed concerns about walkability and streetscape principles; an email was also received from a resident who was concerned about traffic impacts and other impacts of the redevelopment which is attached to the BAPB report.   Mr. Meinert said with regard to staff's review, there are 3 findings that must be made for the rezoning: 1) the property is recommended in the Master Plan for the mixed use category; the subject property was recommended in the 2006 Bowie and Vicinity Master Plan.  2) the District Council shall find that the proposed location will not substantially impair the integrity of the General Plan or area Master Plan and will be in keeping with the purposes of the M-X-T zone; and 3) there be a finding that transportation facilities that are either existing, under construction or for which construction funds are allocated in the adopted Capital Improvement Program to provide an adequate level of service to carry anticipated traffic for the proposed development.  He said the findings have been met and staff recommends approval of A-10016 in accordance with the BAPB.

            Mr. Thomas Haller, attorney for the applicant, said the rezoning relates predominantly to the rear parking area; the front portion of the property is zoned C-S-C and his client is in the beginning stages of redevelopment of the shopping center which is a structural renovation and will completely change the look of the center.   He further reported that the purpose of the application is to allow them to introduce a modest residential component in the rear parking lot; the change to the M-X-T zone will involve multiple future site plans, a subdivision application, a conceptual site plan and a detailed site plan.  He said they felt that staff's recommendation of approval is appropriate.

            Mr. Bruce Levine, Leo Storch Management Corporation, gave an overview of the proposal and said work has begun on the shopping center.  He noted the new tenants coming to the site as well as those existing tenants who will be upgraded.  He said the residential component will play nicely into the shopping center and pedestrian connections will be provided.

Public Hearing:

            1.  Mr. Pete Mellits, 2906 Blueberry Lane, said it was nice to see redevelopment efforts at the Hilltop Plaza site; felt the project will include enhancements to complement the adjacent residences and encourage safe vehicular access, as well as safety for pedestrians.

            2.  Mr. Ken McCaughey, 12324 Chalford Lane, said he was looking forward to a revitalized shopping center.  He also spoke about bike trails and the fact there is no linkage from the Whitemarsh Park trail.

            3.  Mayor Robinson said Council received an email from Mr. Robert Lively indicating he approved of the proposal, but was concerned about McDonald's leaving the shopping center.

            Following discussions and questions from Council who expressed concerns about traffic and school capacity, Councilmember Marcos moved to deny Zoning Map Amendment A-10016.  Councilmember Polangin seconded the motion and it carried 6-0.

            D.  Resolution R-50-09 - Approving the City's Application to the Maryland Department of Housing and Community Development Community Legacy Program FY 10 - City Manager Deutsch said the City has received funding over the last several years under the Legacy Program; those funds have been used in the past to complement the Block Grant efforts in Old Town Bowie; staff is recommending that the scope of the program be broadened in its geographic intent and also be changed in its scope for types of programs; it is recommended that the scope be the entire City and the types of funds be used for energy audits and pay for energy efficiency upgrades to residences in the City.  Mr. Deutsch asked Council to support R-50-09.

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

            Mayor Pro Tem Turner moved approval of Resolution R-50-09.  Councilmember Trouth seconded the motion and it carried 6-0.

            E.  Resolution R-51-09 - Approving the City's Application to the U.S. Department of Housing and Urban Development for the NSP2 Program - City Manager Deutsch said the application is for the City to be part of a regional consortium; ways were looked at to address the issue of areas within the jurisdictions which have a high number of foreclosures; none of the jurisdictions alone were able to put together an application; the Council of Governments has put together an application that will meet the minimum threshold of $5 million; the City has been urged to apply for a $2 million grant that will provide $1.5 million for housing acquisition, rehabilitation and resale, and the other elements would include home buyer assistance, counseling and administrative costs; also referenced is a recommendation to provide $20,000 per year of City money for the 3 year life of the program to demonstrate local support.  Mr. Deutsch said that if Council endorses this application, a budget amendment may be needed; staff recommends support of R-51-09.

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

            Following questions, Mayor Pro Tem Turner moved approval of Resolution R-51-09.  Councilmember Marcos seconded the motion and it carried 6-0.

ADJOURNMENT:

            Mayor Pro Tem Turner moved to adjourn the meeting into an Executive Session for the purpose of discussing legal and personnel issues. Councilman Brady seconded the motion and it carried unanimously.  The meeting was adjourned at 10:30 p.m.

Respectfully submitted,

Pamela A. Fleming, MMC
City Clerk