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Agenda
REGULAR CITY COUNCIL MEETING
MONDAY, MAY 3, 2010
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, May 3, 2010 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, Mayor Pro Tem Marcos, Councilmembers Brady Polangin, Trouth, Turner and Valentino-Smith; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Elissa 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.
CITIZEN PARTICIPATION:
A. Mr. Tony Slaughter, addressed the Council on the matter of immigration.
CITY BOARDS AND COMMITTEES:
Appointments/Reappointments/Swearings-in - A. Councilmember Polangin moved the appointment of Mr. Frank Evans as a member of the Bowie Heritage Committee. Councilmember Trouth seconded the motion and it carried unanimously.
B. Councilmember Valentino-Smith moved the appointment of Steven Theodore as a member of the Bowie Education Committee. Councilmember Turner seconded the motion and it carried unanimously.
C. Mayor Robinson swore Messrs. Evans and Theodore into office in accordance with Sec. 92A of the City Charter.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson announced that the Governor will be signing Senate Bill 683 which places a cap on Park and Planning taxes in Prince George's County. He thanked the Senate Delegation for supporting the bill.
CITY MANAGER’S REPORT:
A. City Manager David Deutsch reported that the speed camera program began two weeks ago and 1700 violations had been approved; the process involves the contractor sending the documentation to the Police Department, review is done by an officer to be sure each one is appropriate, and then they go for payment once the 30 day warning period is over. He said the 30-day period will run until mid-May on Northview Drive; the Belair Drive location is expected to be installed during the week of May 24 in the vicinity of Belair Annex school building.
Mayor Robinson reminded everyone that the location of cameras is being provided, signs are posted where the cameras are located, hours of operation are noted and the intent is to slow traffic in school zones.
CONSENT AGENDA:
A. Mayor Robinson announced that letters to the National Capital Region Transportation Board and the Maryland Department of Transportation have been added to the Consent Agenda as Items I and J. Councilmember Polangin moved approval of the following Consent Agenda: A) Approval of Minutes of April 19, 2010 Council Meeting; and B. Approval of Resolution R-24-10 - Awarding the Bid for the 2010 & 2011 4th of July Fireworks Display; C. Approval of Resolution R-25-10 - Allowing for the Reduction of the Performance Security Guaranteeing Construction of Private Stormwater Management at Bowie Kingdom Hall Jehovah's Witness Under Permit PSWM 3-0708; D. Approval of Proclamation P-12-10, Proclaiming the Week of May 3-9, 2010 As Public Service Recognition Week; E. Introduction Of Ordinance O-4-10, Repealing and Re-enacting Chapter 21B, "Stormwater Management Control", of the Code of the City of Bowie, to Conform to Current State Law and Regulations; F. Introduction of Ordinance O-5-10, Amending the Adopted Budget for the Fiscal Year Beginning July 1, 2009, and Ending June 30, 2010, as Embodied in Ordinance O-1-09, As Amended, for the Purpose of Increasing the Funding Sources for the Wastewater Treatment Plant Enhanced Nutrient Removal System; G. Approval of Letter to Prince George's County Superintendent of Schools re: Calculation of State Rated Capacity; H. Approval of Letter to State Superintendent of Schools Re: Calculation of State Rated Capacity; I. Approval of Letter to the National Capital Region Transportation Board re: Amendment to Constrained Long Range Transportation Plan; and J. Approval of Letter to the Maryland Department of Transportation re: FY 2011-2016 Constrained Long Range Transportation Plan. Councilmember Turner seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Ordinance O-3-10 - Approving and Adopting a Budget for the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2011 -
Public Hearing:
1. Ms. Kim Wiemann, Director of the Food Pantry, thanked the Council for their support. She said there has been an increase in people asking for assistance; last year $288,000 worth of food was given out; over $75,000 worth of food has already been given out in the first 3 months of 2010. Ms. Wiemann announced that this weekend the National Postal Food Drive will be held and all food items that are collected stay in Bowie.
2. Mr. Andrew Karnes, 4001 Croydon Lane, Girls Lacrosse Commissioner for the Bowie Boys & Girls Club, spoke about the proposed turf field at the Whitemarsh Sports Complex and asked for support to have this project go forward.
3. Mr. Gary Allen, Chairman of the Environmental Advisory Committee, spoke as an advocate and former member of the City Council about 4 recommendations provide by the Environmental Advisory Committee. Mr. Allen's statement is attached.
4. Ms. Carolyn Noe, 538 Tranquil Ct., Odenton, Head Coach of the Junior Lacrosse Team for the Bowie Boys & Girls Club, spoke about the need for a turf field at the Whitemarsh Sports Complex.
5. Mr. Jack Jenkins, 6308 Gradys Walk, shared his observations about the Food Pantry and noted that it is an organization that really works; it is a success story too important not to be brought to the attention of the people. He thanked the City of Bowie, its current and past Councils, and citizens for their unwavering support of the Food Pantry.
6. Mr. Gary Hahn, 3417 Medina Lane, spoke on behalf of the Bowie Boys & Girls Club Boys Lacrosse Program about the need for a turf field at the Whitemarsh Sports Complex.
7. Ms. Karen Garretson, spoke on behalf of CLAW and their proposal for a short-term animal shelter.
8. Mr. Fred Phipps, 12606 Kembridge Drive, spoke about the need for a turf field at Whitemarsh Sports Complex.
9. Ms. Velma Anderson, a resident of Greenbelt, spoke about the need for a turf field at the Whitemarsh Sports Complex for lacrosse events.
10. Mr. Jeffrey Cooper, 3407 Dunwood Crossing Drive, spoke about the Police Department budget for the upcoming year as well as the Police Department personnel.
11. Mr. Pete Mellits, Asst. Fire Chief, Bowie Volunteer Fire Dept., spoke about their request for $210,000 in the City budget, the plans which identify short-term and long-term programs and enhancing their staffing program.
B. Resolution R-22-10 - Adopting a Capital Improvement Program for the Fiscal Years 2011-2016 - Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
C. Constant Yield Tax - City Manager Deutsch reported that municipalities are required by State law to place an advertisement in a local newspaper; the law states how the advertisement is to be constructed. He said that staff has recommended a tax increase for FY 2011 which is driven by several factors - the loss of over 4 million dollars in State revenue over a two year period and the continued growth of the Police Department; the Constant Yield Tax rate as indicated by the State would be a decrease from the current rate and this would be damaging to the City's budget; the requirement is for the advertisement and that a public hearing be held.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
NEW BUSINESS:
A. Resolution R-27-10 - Adopting the Housing and Community Development Annual Action Plan Fiscal Year 2011 - Mr. Jesse Buggs, Grants Administrator, presented his report dated May 3, 2010, a copy of which is on file at City Hall. He reported the Plan is a required document by the U.S. Department of Housing and Urban Development to explain how the City will spend the resources as an entitlement community for the upcoming year; the City is required to do things in the area of homelessness, housing, community and economic development and focus those activities on low income populations as well as those with disabilities. Mr. Buggs said he feels staff has completed the production of the Annual Action Plan for Fiscal Year 2011 as required and asks for Council approval of Resolution R-27-10.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Mayor Pro Tem Marcos moved the approval of Resolution R-27-10. Councilmember Brady seconded the motion and it carried unanimously.
B. Amendment to the Prince George's County Water & Sewer Plan - #10W-01 - Route 301 Median Property - Mr. Joe Meinert, Planning Director, summarized the staff report dated April 23, 2010, a copy of which is on file at City Hall. He said the request is to change from Category 5 to Category 4 on 1.79 acres of property located at 2501 Crain Highway approximately 500 feet south of Mt. Oak Road in the C-M zone; the request is for auto oriented uses totaling 5000 sq. ft. in 2 existing buildings. Mr. Meinert reported that this application must meet the Water and Sewer Plan category criteria and that the project complies with the applicable zoning requirements, water and sewer service is adequate and available, and that the development proposal includes an adequate description. Mr. Meinert then provided updated information concerning the proximity of existing water and sewer facilities in the area which had been received from WSSC. He reported that staff finds that the application complies with two of the three criteria for advancement to Category 4; however, the third criterion, that the development proposal includes an adequate description, is not met simply with the identification of auto related uses in general, as proposed by the applicant. He said that staff further finds that the policies of the 2008 Water and Sewer Plan would be satisfied if development is limited to only low traffic generating development in accordance with Master Plan Policy 5; however, no offer to restrict the range of uses has been made by the applicant; staff concludes that advancement of the Water and Sewer categories for the site is not supportable. He concluded his report by stating that without a specific proposal it is difficult to state that the proposal would be a low traffic generating use and without a better description of the property, staff cannot recommend approval at this time and recommends the application remain in Category 5.
Mr. Norman Rivera, attorney for the applicant, provided copies of exhibits to the Council showing the background of the property. He said they believe the property owner should have the ability to connect to water and sewer and has spent money to acquire a sewer easement to bring it from the west side of Route 301 to the property; granting Category 4 would not only have an effect on this property but also the region in the median. Mr. Rivera said that Category 4 would allow them to go to the market and then they would have to come back to the City and County for Category 3 in order to get a building permit.
Planning Director Meinert said that Category 3 is an administrative step taken by the County and it does not have to come back to the City; even though the zoning is in place to permit automotive uses, the Master Plan did not recommend automotive uses for this property.
Public Hearing:
1. Mr. Russ Ideo, 16403 Pointer Ridge Drive, President of the Citizens Association of South Bowie, spoke in opposition to the advancement of the property to Category 4; the description "auto-related development" is not clear. He added that he was concerned about the amount of traffic and the land being contaminated.
2. Mr. Richard Schroder, 1305 Port Echo Lane, also spoke in opposition and said the residents have been concerned about the issue of traffic along Route 301 as well as the issue of zoning for a long time; they also have been concerned about protecting the Rural Tier. He asked the Council to support leaving the property in Category 5.
Following questions posed by Council, Councilmember Trouth moved to support the staff recommendation of retaining Category 5. Councilmember Polangin seconded the motion.
Councilmember Brady moved that since there was no urgency that the matter be tabled until the next Council meeting. Mayor Pro Tem Marcos seconded the motion. The motion failed 2-5 (Marcos, Brady - yea; Robinson, Polangin, Turner, Trouth, Valentino-Smith - nay).
The motion to support the staff recommendation to keep the application in Category 5 carried with a vote of 5-2 (Robinson, Polangin, Turner, Trouth, Valentino-Smith - yea; Marcos, Brady - nay).
C. Request for Building Signage Approval - Giant Food at Collington Plaza - Mr. Joe Meinert, Planning Director, summarized the staff report dated April 26, 2010, a copy of which is on file at City Hall. He reported that the City has total control over the decision because an annexation agreement was signed with the owners of Collington Plaza in 1994 which gave the City the right to approve any site plan changes, including signage and building architecture; as part of the annexation agreement there was specific signage criteria approved and made part of the agreement. He said Giant Food is requesting to erect a total of 9 new signs on the building at Collington Plaza, and, in fact, the signs have already been placed on the building and no City permit was approved although County permits had been obtained by the applicant. Mr. Meinert summarized the wording of the wall-mounted signs as shown on the diagram attached to the staff report. He also summarized the sign criteria that are approved as part of the annexation agreement which limits the colors to only red, yellow and white signs; the request is to allow other colors; staff feels that the Council's approved Development Review Guidelines and Policies requiring consolidated signage in commercial development should be adhered to and perhaps there are too many signs proposed on the building to comply with the guidelines that exist; staff is recommending that the business eliminate 4 signs to include the Fresh Bakery sign, the Natural Food sign, the Fresh Picked Produce sign, and the Flavorful Meat sign; this would render the building signs to be similar to other Giant Food buildings in the area.
Mr. Eric Raines of GableSigns, Inc. said each one of the signs has a specific representation of what Giant Food is trying to do at every location; Giant Food is remodeling existing stores and part of that is the sign program; the signs are designed to inform customers of fresh products Giant Food is offering. He said that Giant Food has made a significant investment in the store "Refresh and Rebrand" program and is committed to better serving the community. He asked that the Council approve the sign package.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilmember Turner said even though he is disappointed that the sign package is coming before Council after the fact, he did not feel the signage is excessive for Collington Plaza.
In response to a question posed by Councilmember Trouth regarding code compliance, Mr. Deutsch said in such a case staff would talk to the owner and advise them of the governing requirements; the requirements in this case flow from covenants rather than from County law and the owner of the property had entered into a contract with the City when the shopping center was approved; a violation of the covenants was discovered. Mr. Trouth asked if there is a violation of the covenants and the violation is not corrected what would this do to the existing covenants. City Attorney Elissa Levan replied she felt it would only validate a violation of the annexation agreement; if the property owner failed to comply after being advised of the violation, the City has the option of attempting to compel compliance which has been done on other properties.
Following further discussion, Councilmember Turner moved to approve the sign recommendations by Giant Food for Collington Plaza with the proviso that language be included that the City is not waiving anything and also to seek agreement. Councilmember Brady seconded the motion and it carried unanimously.
ADJOURNMENT:
Mayor Pro Tem Marcos moved to adjourn the meeting. Councilmember Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:31 p.m.
Respectfully submitted,
Pamela A. Fleming, MMC
City Clerk
