REGULAR CITY COUNCIL MEETING
MONDAY, DECEMBER 3, 2001
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, December 3, 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, Mayor Pro Tem Peters, Councilmembers Aleshire, Brady, Ellington, and Jenkins; City Manager Deutsch, Asst. 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.
AGENDA ADDITIONS/DELETIONS/AMENDMENTS:
A. Councilman Ellington asked that Item I regarding the acceptance of streets in the Woodmore Highlands subdivision be removed from the Consent Agenda and placed under New Business as Item A.
CITIZEN PARTICIPATION:
A. Ms. Angela Brown, asked for help to fund homes for battered and abused children. She noted that she has been providing funds out of her own pocket for 6 ½ years.
B. Ms. Donna Beck, 9906 Sudan Place, Upper Marlboro, spoke about CB-40. A copy of her statement is attached.
C. Ms. Linda Owens, 1129 Fawn Lane, also spoke about CB-40 and reported on numbers of new students enrolled in Prince George's County schools. She also spoke about the exceptions from the bill. She said that at the public hearing on CB-40 many parents, activists, representatives of PTAs, civic associations, as well as School Board member Hendershot testified strongly in opposition to CB-40, yet the County Council voted to approve CB-40. Ms. Owens asked for the City Council's support for a petition to veto CB-40.
D. Mr. Brian Suddeth, 12604 Brunswick Lane, said he was disappointed the Council was not continuing their support for the Performing Arts Center. He said he did not feel it was looking forward to only look at the outlays and not weigh each funding item in terms of the future value to the community.
E. Mr. Ken Fox, 14102 Guardian Ct., spoke about CB-40 and said he supports a referendum to oppose CB-40. He said, considering the City Council's opposition, it was a proper course of action for citizens to take up the referendum to oppose such action by the County Council.
F. Mr. Al Golato, 12712 Knowledge Lane, asked that the parties involved come together to get the last 25% of the Center for the Performing Arts Center project finished. He also said he supports the forming of an Economic Development Committee.
G. Mr. Hugh Reams, 3505 Madonna Lane, said he wanted to make clear what the funding options mean: the 1.5 million dollar option is the only option that will keep the project moving through July; $750,000 will keep the project going, but the money will run out some time in April or May. He asked that those who do not support funding for this project, to reconsider.
H. Ms. Victoria Herman, 2627 Felter Lane, read a letter into the record from former Bowie resident Cheryl Allison, urging the Council's support of the Center for the Performing Arts project.
I. Mr. Gordon Stewart, 2830 Belair Drive, President of BRAVA, gave an update of the BRAVA project, He said that they are moving ahead with the shutdown of the project until sufficient funds are allocated to complete it. He also reviewed past funding efforts.
J. Ms. Mary Nusser, 3631 Majestic Lane, asked for Council to start negotiating in the public sector and with the County and State for the remaining $3.6 million dollars.
PRESENTATIONS:
A. Proclamation P-34-01 - Congratulating the Bowie High School Varsity Football Team on Winning the Maryland State Championship -- Councilman Brady read and moved approval of Proclamation P-26-01. Councilman Jenkins seconded the motion and it carried unanimously. Mayor Robinson congratulated Coach Scott Chadwick and the Bowie High School Football Team for their outstanding accomplishments.
Councilman Ellington presented a banner to be placed in the auditorium at the high school. Coach Chadwick thanked the Council and said the team appreciates the support not only from the student body and faculty, but from the City of Bowie as well.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson congratulated the Civic Affairs Committee and staff for the successful tree lighting ceremony.
CITY MANAGER'S REPORT:
A. City Manager Deutsch reported on the following: 1) Work is continuing to move forward on the installation of a traffic signal light at Mitchellville Road and Northview Drive; this project has a 50% cost sharing with the County; the design is near completion and construction will begin next spring. 2) Bogley Property - This project is split into two fiscal years; expect to go out to bid in January which involves the grading and stormwater management.
CONSENT AGENDA:
A. Councilman Brady moved approval of Consent Agenda Items A. Approval of Minutes of September 18, 2001 Council Meeting; B. Approval of Minutes of September 24, 2001 Council Meeting; C. Approval of Resolution R-99-01, Declaring Lots 14, 15 and 16 of Block 14 Located on Fifth Street in Huntington Owned by the City of Bowie as Surplus Property; D. Approval of Resolution R-109-01, Releasing the Remaining Excess Revenues Available for Refunding From the Stormwater Management Special Taxing District of the University of Maryland Science and Technology Center; E. Approval of Resolution R-110-01, Accepting a Bid from Spohn Ranch, Inc. to Supply and Install Five Pieces of Skating Equipment at the Bowie Skate Park; F. Approval of Resolution R-111-01, Accepting the Streets and Appurtenances Constructed Under Permit P 5-0001 at Saddlebrook East Phase III B and Releasing the Construction Securities Required Therewith; G. Approval of Resolution R-112-01, Accepting the Streets and Appurtenances Constructed Under Permit P 3-9900 at Covington Parcel 18, Section 2 and Releasing the Construction Securities Required Therewith; H. Approval of Resolution R-113-01, Accepting the Storm Drain Constructed Under Permit SD 2-9900 at Covington Parcel 18, Section 2 and Releasing the Construction Securities Required Therewith; and J. Introduction of Ordinance O-1-01, To Recodify Chapter 21B, Stormwater Management, to Conform to Current State Regulations. Councilman Jenkins seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Auditor's Presentation Re: Fiscal Year 2001 - Mr. Rich Constantino, McGladrey & Pullen, LLP, reported that their report is contained in the Comprehensive Financial Statement and is an unqualified opinion; a management letter was also prepared which summarized pending GASB statements, significant accounting policies, audit adjustments, a report of compliance and on internal control over financial reporting. Mr. Constantino reported that there have been no instances of noncompliance that are required to be reported under Government Auditing Standard; and there were no material weaknesses involved in the internal control over financial reporting. He summarized the schedule of changes in the fund balance and various graphs which are contained in the Auditor's Report.
B. Resolution R-114-01 - Accepting Streets and Appurtenances Constructed Under Permit P 2-9899 at Woodmore Highlands Phase 3 and Releasing the Construction Securities Required Therewith - Councilman Ellington said it had been brought to his attention by several members of the Woodmore Highland Homeowner's Association that they had some concerns. He wanted to give the residents an opportunity to express their concerns and then bring the item back before Council after the holiday break.
City Manager Deutsch reported that when the documents are presented to Council, they have gone through a review by all departments; the suggestion has been made that some of the improvements that staff have indicated have been completed satisfactorily have not been; staff will meet with residents of the neighborhood after staff has listened to their testimony and will try to resolve any difficulties before the January 7, 2002 meeting.
Citizen Participation:
1. Mr. Terry Rogers, 3402 Dunwood Crossing Dr., said that the developer of Woodmore Highlands, Curtis Homes, is requesting release of the construction bonds and the residents do not feel that the developer has fulfilled their commitment to the homeowners or the City in terms of providing quality construction. He said it was his understanding that the permits are over 10 years old and standards have changed. He also said that putting highway rail in the community at the stormwater management site is not in keeping with the beautification of the City of Bowie. Mr. Rogers said the residents are requesting the City withhold the release of the construction bonds until such time the concerns are addressed.
2. Ms. Marie Killian, 3312 Dunwood Crossing Dr., said she lives next to the stormwater management pond and the crooked sidewalks and said it was important that the sidewalks extend to the end of the street so that the children do not have to walk in the street. She said she understood the need for a safety barrier, but was not clear why there could not be a brick wall around the stormwater pond that is aesthetically pleasing and in keeping with other structures such as the Bowie Town Center.
3. Ms. Gail Booker Jones, 3211 Dunwood Ridge Terrace, said the highway rail is not acceptable. With regard to sidewalks, she noted that the plan that approved them was submitted to the City over 10 years ago. She said the residents are asking that a brick wall be constructed around the stormwater management pond and that the sidewalks be completed.
Mayor Robinson asked for a summary of the operative standards involved. City Manager Deutsch said staff will prepare an item by item summary of each of the concerns; the Council and residents will appreciate that the scope is limited to those construction issues over which the City has responsibility; building codes are enforced by the County and if a number of issues arise in a community, the City works as an advocate for the homeowners.
Following further discussion, Councilman Aleshire moved to table Resolution R-114-01. Mayor Pro Tem Peters seconded the motion and it carried unanimously.
C. Detailed Site Plan for Single-Family Architecture - Fairwood - Mr. Anthony Brown, attorney for the applicant, referred to the conditions contained in the staff report: #1 regarding minimum requirements for end walls, the applicant opposes the condition; the issue of end wall architectural features was raised at Detailed Site Plan review; the Planning Board imposed a condition whereupon certain specialty lots have to be identified and required to have minimum architectural features on the end wall as well as the rear walls; the lots were identified as those having particular importance regarding aesthetics in and around the community; the applicant believes this condition is unnecessary; and #2, which seeks to avoid a monotonous appearance, the applicant agrees that no two dwellings located side by side should have the same elevation or should dwellings on the opposite side of the street from each other have the same elevation; the applicant opposes the second part of the condition regarding color, materials and special features in creating unique features; feels this can be done with color alone and using materials and special features is unnecessary.
Rev. John Cooper, Sr., Vice Chairman of the Bowie Advisory Planning Board, reported said the Board voted to disapprove the Detailed Site Plan for lack of preparedness to make any changes or negotiate any of the City's positions.
Mr. Joseph Meinert, City Planning staff, pointed out that this request is not tied to a specific section of the development, but is an overall blanket approval for architecture only. He reported that on Page 3 of the staff report, staff has summarized the 10 builders as well as the square footage of the dwellings. He said that staff finds the architecture to be consistent with the atmosphere and the theme envisioned for Fairwood and supports the range of models proposed within the development; staff is recommending two conditions dealing with treatments of both the end wall features as well as the front elevations of the units; the two conditions come directly from the City's Development Review Guidelines; staff recommends approval of the Detailed Site Plan with the two conditions.
Councilman Jenkins said he was compelled to take the opportunity to talk about Adequate Public Facilities although it is not the time for review. He noted that the staff report indicates that Woodmore Elementary will be at 129%, Benjamin Tasker Middle School will be at 119%, Bowie High School will be at 123% and all are inadequate; fire engine and ladder truck response times from Station #18 are considered to be inadequate, and response times from Station #39 are considered to be inadequate. He said he would like the City to continue to transmit the message to the County that it is not acceptable to continue with a project where the Adequate Public Facilities are inadequate.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Mayor Pro Tem Peters moved for disapproval of Detailed Site Plan for Single-Family Architecture at Fairwood because of all the unsettled issues, particularly the developer's contribution to Route 450 improvements, the proximity to Freeway Airport, the APF issues which include 3 overcrowded schools, and the inadequacy of fire and ladder service. Councilman Aleshire seconded the motion and it carried with a vote of 5-1 (Brady).
D. Resolution R-115-01 - Creating an Economic Development Committee - Mr. John Henry King, City Economic Development Director, said that in September, 2001, Council directed staff to work with the Greater Bowie Chamber of Commerce and interested parties; in October, 2001, staff met with the Chamber of Commerce to resolve differences in approach in order to provide Council with economic development advice. He reported that some aspects of the Chamber's proposal were incorporated into the staff recommendation; the staff proposal suggests 10 purposes that Council should charge the committee with such as providing advice, participating in development plans and strategies, conducting activities to improve the economic well-being of the City, working with other groups to gain additional information, and being available to undertake other assignments that Council may feel appropriate; initial membership would be between 15 and 21 members; suggested composition is provided in the staff package. Mr. King said that staff recommends adoption of Resolution R-115-01.
Public Hearing:
1. Mr. Mark Melvin, Greater Bowie Chamber of Commerce, presented slides which outlined a mission statement for the proposed Economic Development Committee; the purpose is to bring organizations, businesses and community together. He outlined the Chamber's recommendation for membership and said that the term of members should be two years; there should be open forums to bring dialogue to the table.
2. Ms. Abbie Banks, 13003 Pine Court, urged the Council to create an Economic Development Committee. A copy of Ms. Banks' statement is attached.
3. Ms. Valerie Bennett, 3900 Wakefield Lane, urged the Council to form an independent City Economic Development Committee. A copy of Ms. Bennett's complete statement is attached.
Following discussion by Council regarding the number of members and who should serve on the committee, Councilman Ellington moved to place R-115-01 on the table. Councilman Aleshire seconded the motion. Councilman Jenkins then asked that the words "high quality" be added before the word "businesses" in the third Whereas clause; and under Purposes and Functions, the words "high quality" be added in Item 4 before the word "businesses". Council concurred.
Under Membership and Tenure, Councilman Ellington asked that the last sentence be deleted in Item (b). Council concurred.
Following further discussion, Councilman Brady moved that Council endorse the resolution as is and direct staff to work to refine the membership issues; then it could be brought back to Council at the first meeting in January. Councilman Ellington seconded the motion.
City Attorney Levan said that an appropriate motion is to approve the resolution in concept and refer it back to staff for reworking Section 2 in accordance with the direction of Council. The maker and seconder accepted this as an amendment to the motion and the motion carried unanimously.
E. Charter Amendment CAR-2-01 - Amending Secs. 3 and 14 of the City Charter to Delete the Reference to the Month of April as the Month in Which Persons Elected Mayor and Councilmembers in City Elections Shall Take Office; Amendment Secs. 29 and 30 to Delete Duplicative Reference to Two-Year Terms for Mayor and Councilmembers, Respectively; and Amendment Sec. 29 and 30 to Provide That After the Election in April, 2002, Elections for the Mayor and Councilmembers Shall Occur in the First Tuesday After the First Monday in November in Odd Numbered Years Beginning in 2005 - City Attorney Levan summarized the ordinance and said it is designed to implement the Council's intention that is technical in nature to rework the timing of the elections and to extend the terms of the Councilmembers at the next election from April to November, 2005, and, thereafter, have the Council serve at two-year intervals; this is in accordant with the intent the Council has established in connection with CAR-1-01.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Ellington moved the adoption of Charter Amendment Resolution CAR-2-01. Mayor Pro Tem Peters seconded the motion and it carried unanimously.
COUNCIL COMMENTS:
A. Councilman Brady asked for consensus to direct staff to begin the work necessary to having the proposed section of A-44 known as Willowbrook Parkway removed from the County CIP even though its timeframe is not until 2010. Council concurred.
B. Councilman Ellington thanked everyone that came forward and spoke on BRAVA. He then moved that Ordinance O-14-01 be taken off the table and moved forward for consideration at this time.
Councilman Jenkins noted that Ordinance O-14-01 was tabled on November 19 indefinitely. He asked the City Attorney to refer to Section 12 of the City Charter which concerns procedures for enacting ordinances. He noted it was not appropriate to place this ordinance on the table for consideration at this late hour; had no objection to placing the ordinance on a future agenda. He then asked that Mr. Ellington's proposal be put to a vote of the Council.
City Attorney Levan said that if votes were taken and there was rejection of the ordinance, then the ordinance is not alive and would have to be reintroduced; in order to act on an ordinance at a meeting where it was introduced, it would have to be treated as an emergency ordinance and would require unanimous vote of the Council. He said that Mr. Ellington's motion is not appropriate, but it would be appropriate for a request that the tabling of the ordinance be to a date certain and that date set for action.
Councilman Brady asked for clarification from the City Attorney. He noted that on November 19, 2001, the ordinance was voted down; a substitute motion using the wording of the ordinance which lowered the amount to be funded, was not appropriate. Mr. Levan said the ordinance was defeated on the first vote; one of the prevailing members, one of the 3 members who succeeded in defeating the ordinance, could bring back a reconsideration of the vote of the Council and this is the only way the ordinance could be brought forward again.
Based on the City Attorney's comments, Mayor Robinson declared Councilman Ellington's motion out of order.
C. Councilman Ellington referred to County Bill 40 and asked for consensus of the Council to direct staff to work with the CB-40 referendum group to assist in absorbing incidental costs as they obtain the necessary signatures on behalf of the Council; the amount would not exceed $200-300.
Councilman Jenkins felt this was a worthy project on behalf of CB-40. He said he was not, as liaison to the Education Committee, apprised of this matter to see if the Committee desires to take on this project. He then asked if this was in the charter of the Education Committee since this becomes a political action process. Councilman Ellington then amended his request so that it be in compliance with the charter of the Education Committee. Council concurred.
D. Councilman Ellington asked for consensus to direct staff to work on projects and programs with regard to Black History Month in February. Council concurred.
E. Mayor Robinson wished everyone in the City a Very Happy Holiday.
ADJOURNMENT:
Mayor Pro Tem Peters moved to adjourn the meeting into Executive Session for the purpose of discussing legal and property issues with counsel. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:25 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk