REGULAR
CITY COUNCIL MEETING
MONDAY, JUNE 4, 2001
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, June 4, 2001 in the Council Chambers at City Hall. The meeting was called to order by Mayor Robinson at 8:00 p.m.
QUORUM:
In attendance were Mayor Robinson, Councilmembers Aleshire, Brady, Ellington, Green, Jenkins and Peters; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Robert Levan, 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. Milton Gray, 16312 Bawtry Court, said he and his neighbors have been having a problem with a piece of property located on Forest Drive which was exempted from City Code regulations when the property was annexed in to the City. He reported that motor cross bikes are being ridden in the evenings, during the day, on holidays and weekends; the noise from the bikes can be heard as far way as Bideford and Blueberry Lanes. He said he and his neighbors have not been able to enjoy their back yards and sit on their decks. Mr. Gray asked for the Council's assistance in resolving the situation.
B. Mr. Pat Cook, 16316 Bawtry Court, said she agreed with the previous speaker and noted that she also cannot use her back yard because of the noise, dust and gas pollution.
C. Mr. Larry Lucas, 16310 Bawtry Court, said he agreed with the previous speakers and asked for assistance.
City Manager Deutsch reported that the property
was annexed more than 10 years ago and that an exemption from portions of the
City Code was granted to owners of property on Forest Drive for a period of
40 years; however, the period would change to 20 years if the property changed
owners. He said that staff has been working in cooperation with the County to
see if they would use their zoning regulations to apply State noise regulations
since there is no exemption from County regulations for the properties on Forest
Drive; staff will remain in touch with the neighbors to work towards a resolution.
CITY BOARDS AND COMMITTEES:
A. Appointments/Reappointments/Swearings-in - Councilman Jenkins moved to appoint Mr. Claudio Poiani as a Regular Member of the Civic Affairs Committee. Councilman Brady seconded the motion and it carried unanimously.
B. Councilman Brady moved to appoint Ms. Lisa Ransom Brown as a Regular Member of the Ethics Commission. Mayor Pro Tem Peters seconded the motion and it carried unanimously.
C. Councilman Aleshire moved the appointment of Ms. Diane Polangin as a Regular Member of the Human Resources Committee. Councilman Brady seconded the motion and it carried unanimously.
D. Mayor Robinson swore Mr. Poiani, Ms. Ransom Brown and Ms. Polangin into office in accordance with Sec. 92A of the Bowie City Charter.
COUNCIL ANNOUNCEMENTS:
A. Mayor Robinson made the following announcements: 1) He thanked staff and the Civic Affairs Committee for an outstanding Bowiefest; 2) A stakeholder's meeting is scheduled for June 6, 2002 at 7 p.m. regarding the Market Place; 3) On the next two Thursdays, the County School Board will be holding budget meetings regarding the 40 million dollar shortfall.
CONSENT AGENDA:
A. Councilman Jenkins moved approval of Consent Agenda Items: A. Approval of Resolution R-49-01, Authorizing the Reimbursement of Funds to the Bowie Volunteer Fire Department and Rescue Squad, Inc.; B. Approval of Resolution R-52-01 Authorizing the Transfer of Certain Amounts in the FY2000-2001 Budget; C. Approval of Resolution R-53-01, Authorizing the Waiving of Bidding Requirements and Allowing for Contract Renewal for Street Repair; and D. Approval of Resolution R-54-01, Accepting Bid for Underdrain. Councilman Aleshire seconded the motion and it carried unanimously.
NEW BUSINESS:
A. County Legislation - Regulation of Land Use Around County Airports: Proposal
Manual of Regulations - Mr. Joe Meinert, City Planning staff summarized the
staff report dated June 1, 2001, a copy of which is on file at City Hall. He
said the purpose of the legislation is to prevent incompatible development occurring
on properties adjacent to airports in Prince George's County; there are four
general aviation airports effected by the legislation. Mr. Meinert summarized
the Maryland-National Capital Park and Planning proposal which would establish
a Manual of Regulations similar to the existing Landscape Manual and Woodland
Conservation Manual which are extensions of the Zoning Ordinance. He concluded
his report by saying that staff concurs with the Park and Planning Report that
the question to be addressed is not if aircraft accidents will occur, but where
they will occur; based on the information contained in the report, staff concludes
that additional regulation of properties adjacent to the airports will result
in a safer situation for people and property on the ground from the risks of
near airport accidents. Mr. Meinert added that staff recommends that Council
not support the proposal as proposed by Park and Planning which relies on the
zoning of the property, but to enforce the regulations being proposed in the
Manual which sets the density as one unit per five acres.
Mr. Craig Rovelstad, of the County-wide Planning Division of MNCPPC, gave some background on why this legislation is needed as well as some history of the Potomac Airport and the problems encountered by increased development around the airport. He then described the six Aviation Policy areas and said they have tried to set up a series of regulations that would apply to every airport in the County as long as that airport exists; determining exactly how safe is safe for each community is an extremely difficult process. Mr. Rovelstad said Park and Planning's residential recommendations are: 1) to discourage residential development close to the area where the airplanes are closest to the ground; and 2) to try to give the property owners surrounding an airport, in cases where they are severely impacted by the regulations, the flexibility to move the development away from the property line.
Public Hearing:
A. Katherine Fairchild, 5044 Church Road, a pilot and aircraft owner, spoke in favor of the legislation.
B. Mr. John Ainsworth, 3106 Sedgewick Lane, urged Council to endorse legislation. A copy of Mr. Ainsworth's statement is attached.
C. Mr. Tom Paradis, NASA Goddard Aircraft Club, asked Council to support the Manual of Regulations for Land Use Around General Aviation Airports. A copy of Mr. Paradis' statement is attached.
D. Mr. James Metzger, 10905 Atwell Avenue, urged Council to support the legislation. A copy of Mr. Metzger's statement is attached.
E. Mr. Walt Egan, 312 6th Street, Washington, D.C., said he was a pilot and has an aircraft based at Freeway Airport. He spoke on the safety of the proposal and the noise issue. He said it was critical that the APA zones be established and he was sympathetic to the homes where aircraft have to fly over when landing and taking off. He asked for a favorable recommendation for the Manual and the APA zones.
F. Mr. William McCartney, 3607 Melfa Lane, said he was a friend of Freeway Airport and that most pilots learn to fly from small airports. He said he supports legislation that would prevent the developers of the Turf Farm from constructing homes underneath the guide path to the airport.
G. Mr. Steve Walter, 8110 Maplegate Place, Glenn Dale, addressed safety concerns as a pilot and a homeowner. He strongly encouraged the Council to support the proposed legislation.
H. Mr. Stan Rosenhauser, 3800 Church Road, owner of Freeway Airport, said the airport plans to be around for a long time and believed it was valuable to the community. He said he was in favor of the compatible lane use around Freeway Airport.
Mayor Robinson announced that the City received two additional letters to be added to the record from Martha Ainsworth, 16500 Abbey Drive, and Keith Holt of the Aircraft Owners and Pilots Association, both of which endorse the proposed legislation.
In response to a question posed by Councilman Ellington, Mr. Rovelstad replied that California, Washington, and Oregon have introduced legislation that declared their general aviation airports essential public services; the legislation requires the local jurisdictions that have general aviation airports to take actions to protect the airports from encroachment. Councilman Ellington said that the City should ask the State representatives to support similar legislation at the State level. He also made note of the fact that the developers of the Turf Farm were invited to this meeting but were not present. He added that he fully supports the proposed County legislation.
Councilman Aleshire asked if this legislation
been before the County Council committee. Mr. Rovelstad replied it had not,
however the Planning Board approved transmittal of the package on May 24 and
hoped it would be before the County Council this week; worksessions will be
held in July or September.
Councilman Aleshire said he supported the legislation.
Councilman Jenkins said he supports the legislation. He asked what would be the effect on existing homes to the south of the airport. Mr. Rovelstad replied that the existing houses have been grandfathered; there are some large lots, most of which could be developed outside the centerline and would be in conformance with the regulations.
Mayor Pro Tem Peters said he supports the legislation. He said he wanted to be sure several points were covered: 1) need to stay with the 61,000 trips to make Freeway the safest airport in Prince George's County; 2) need to do everything to protect airports and pilots from development and asked if the regulations are adopted would they deal with the runway to the north (Runway 36). Mr. Meinert said the legislation is intended to deal with the runway. Mr. Peters then asked if the regulations also cover sound barriers which could be a safety hazard to pilots. Mr. Meinert said something could be built, but it could not be over a certain height unless it is a certain distance away to be in compliance with the obstruction regulations.
Councilman Brady said he supports the legislation, but hopes that when the City's communication is forwarded to the County, it will enumerate the many points not only regarding the Turf Farm, but citing the Potomac situation; also the negative impact of the power lines and the configuration, as it is laid out, increases the risk associated with some of the development on the Turf Farm should be noted. Secondly, with regard to State legislation, he noted that June 29th was the deadline for Legislative Action Requests. He further suggesting forwarded the City's recommendation to the Prince George's County Municipal Association to encourage them to endorse the legislation. He then asked if there are standards that look at what is allowed to grow in the surrounding areas with regard to safety of pilots in an emergency situation. Mr. Meinert replied that this is one area that State legislation could help address.
Councilman Green noted that Freeway Airport was here before Bowie was built. With regard the Rouse corporation, he said he hoped they would be a good corporate citizen in this area. He added he would support the legislation.
Mayor Robinson said he supports the legislation and that it makes sense.
Councilman Jenkins moved to support the legislation with conditions: 1) that the natural features, i.e. the existing vegetation and reforestation areas, should not be allowed to grow within the imaginary surfaces; 2) the dwelling unit yield in Mitigation Residential Subdivisions should be based on the density permitted by the regulations of the Manual and not be density allowable by the zoning classification of the property; 3) add a modification that all the City's comments must use the 61,000 trip figure; copies of the City's comments should be distributed to the members of the Prince George's County Municipal Association; and 4) the unique aspect of the power lines to the north need to be addressed. Mayor Pro Tem Peters seconded the motion and it carried unanimously.
It was the consensus of Council to direct staff to draft a resolution acknowledging Freeway Airport and its economic and historical benefit to the City.
It was the consensus of Council to direct staff to draft a Legislative Action Request. City Attorney Levan added that it is important to reflect on the fact that this is really county-wide legislation, that it effects the airport resources throughout the entire County, in terms of adoption of the regulations, they should preempt any other zoning regulations with which they conflict. Councilman Brady asked that the issue of maintenance of emergency landing areas be added to the LAR.
COUNCIL COMMENTS:
A. Councilman Brady said that on April 2nd, he had asked for consensus to form a task force to look at diversity and inclusiveness; because of the long budget process, this item was preempted and he again asked for input from Council on the formation of a task force, the size, and charge it would be given. Council concurred.
ADJOURNMENT:
Mayor Pro Tem Peters moved to adjourn the meeting into Executive Session for the purpose of discussing a personnel matter. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:20 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk